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IFB No. 3160002720 Page 1 of 68 John Davis Executive Director INVITATION FOR BIDS (IFB) Genetic Testing for Paternity Services IFB No. 3160002720 Issue Date: March 5, 2019 CLOSING LOCATION Mississippi Department of Human Services 200 South Lamar Street Jackson, Mississippi 39201 CONTACT Name: Wendy Wilson E-Mail: [email protected] Phone Number: (601) 359-4500 CLOSING DATE AND TIME Bids must be received by April 5, 2019, at 9:00 AM (Central Time)

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Page 1: INVITATION FOR BIDS (IFB)...IFB No. 3160002720 Page 1 of 68 John Davis Executive Director INVITATION FOR BIDS (IFB) Genetic Testing for Paternity Services IFB No. 3160002720

IFB No. 3160002720 Page 1 of 68

John Davis

Executive Director

INVITATION FOR BIDS (IFB)

Genetic Testing for Paternity Services

IFB No. 3160002720 Issue Date: March 5, 2019

CLOSING LOCATION

Mississippi Department of Human Services

200 South Lamar Street

Jackson, Mississippi 39201

CONTACT Name: Wendy Wilson

E-Mail: [email protected]

Phone Number: (601) 359-4500

CLOSING DATE AND TIME

Bids must be received by April 5, 2019, at 9:00 AM (Central Time)

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IFB No. 3160002720 Page 2 of 68

TABLE OF CONTENTS

Section 1 ............................................................................................................................................... 3

Section 2 ............................................................................................................................................... 5

Section 3 ............................................................................................................................................. 33

Section 4 ............................................................................................................................................. 33

Section 5 ............................................................................................................................................ 36

Bid Cover Sheet (Attachment A) .................................................................................................... 38

Bid Form (Attachment B) ............................................................................................................... 40

Certifications and Assurances (Attachment C) ............................................................................... 42

Debarment Verification Form (Attachment D) .............................................................................. 43

Proprietary Information Form (Attachment E) ............................................................................... 44

References (Attachment F) ............................................................................................................. 45

References Score Sheet (Attachment G) ........................................................................................ 47

Required Clauses for Service Contracts Resulting from this IFB (Attachment H) ........................ 48

Optional Clauses for Use in Service Contracts Resulting from this IFB (Attachment I) ............... 53

Genetic Testing for Paternity Services Contract Discrepancy Report (Attachment J) .................. 60

DNA Testing Monthly Performance Report (Attachment K) ........................................................ 61

DNA Testing Quarterly Operational Effectiveness Report (Attachment L) .................................. 62

DNA Collection Monthly Performance Report (Attachment M) ................................................... 64

DNA Collection Quarterly Operational Effectiveness Report (Attachment N) ............................. 65

Technical Requirements for Periodic Data Files (Attachment O) .................................................. 67

Historical Test & Collection Data: Tests Performed for a 12 Month Period (Attachment P) ........ 68

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IFB No. 3160002720 Page 3 of 68

SECTION 1

1.1 Bid Acceptance Period

The original and one (1) copy of the bid package, two (2) copies total, shall be signed and

submitted (mailed or hand-delivered) in a sealed envelope or package to 200 South Lamar Street,

Jackson, Mississippi 39201 no later than the time and date specified for receipt of bids. In

addition, the bidder must also submit one (1) copy of the bid package on a USB Flash Drive

in a single document in a searchable Microsoft Word or Adobe Acrobat (PDF) format. Timely

submission of the bid package is the responsibility of the bidder. Bids received after the specified

time shall be rejected and shall remain unopened in the procurement file. The envelope or package

shall be marked with the bid opening date and time, and the number of the invitation for bid. The

time and date of receipt shall be indicated on the envelope or package by MDHS staff. Each page

of the bid form and all attachments shall be identified with the name of the bidder. Failure to

submit a bid on the bid form provided shall be considered just cause for rejection of the bid.

Modifications or additions to any portion of the procurement document may be cause for rejection

of the bid. The MDHS reserves the right to decide, on a case-by-case basis, whether to reject a bid

with modifications or additions as non-responsive. As a precondition to bid acceptance, the

MDHS may request the bidder to withdraw or modify those portions of the bid deemed non-

responsive that do not affect quality, quantity, price, or delivery of the service.

1.1.1 Timeline Invitation for Bid Issue Date: March 5, 2019

Questions and Requests for Clarification to MDHS

Deadline: March 19, 2019, 5:00 PM CT

Anticipated Posting of Written Answers to Questions: March 22, 2019

Bid Package Submission Deadline: April 5, 2019, 9:00 AM CT

Bid Opening: April 5, 2019, 10:00 AM CT

Anticipated Date of the Notice of Intent to Award: April 23, 2019

Anticipated Post-Award Debriefing Request Due

Date: April 26, 2019, 5:00 PM CT

Anticipated Post-Award Debriefing Held By Date: May 1, 2019, 5:00 PM CT

Anticipated Protest Deadline Date: April 30, 2019, 5:00 PM CT

Note: The MDHS reserves the right to adjust this schedule as it deems necessary.

MDHS also has the right to reject any and all bids during any step of the

procurement or awarding process (even after negotiations have begun).

1.1.2 Late Submissions

A bid received at the place designated in the solicitation for receipt of bids after the exact

time specified for receipt will not be considered unless it is the only bid received, or it is

received before award is made and was sent by registered or certified mail not later than

the fifth (5th) calendar day before the date specified for receipt of bids. It must be

determined by the MDHS that the late receipt was due solely to mishandling by the

MDHS after receipt at the specified address.

The only acceptable evidence to establish the date of mailing of a late bid is the U.S.

Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal

Service. If the postmark does not show a legible date, the contents of the envelope or

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IFB No. 3160002720 Page 4 of 68

package shall be processed as if mailed late. “Postmark” means a printed, stamped, or

otherwise placed impression, exclusive of a postage meter impression, that is readily

identifiable without further action as having been supplied and affixed by the U.S. Postal

Service on the date of mailing. Bidders should request postal clerks to place a hand

cancellation postmark (often called a bull’s eye) on both the receipt and the envelope or

wrapper.

The only acceptable evidence to establish the time of receipt at the office identified for

bid opening is the time and date stamp of that office on the bid wrapper or other

documentary evidence of receipt used by that office.

1.2 Expenses Incurred in Preparing Bid

The MDHS accepts no responsibility for any expense incurred by the bidder in the preparation

and presentation of a bid. Such expenses shall be borne exclusively by the bidder.

1 .3 Bid Form

All pricing must be submitted on the bid form (Attachment B). Failure to complete and/or sign

the bid form may result in the bidder being determined nonresponsive.

1.3.1 Bidder Certification

The bidder agrees that submission of a signed bid form is certification that the

bidder will accept an award made to it as a result of the submission.

1.4 Registration with Mississippi Secretary of State

By submitting a bid, the bidder certifies that it is registered to do business in the State of

Mississippi as prescribed by Mississippi law and the Mississippi Secretary of State or, if not

already registered, that it will do so within five (5) business days of being offered an award. Sole

proprietors are not required to register with the Mississippi Secretary of State.

1.5 Debarment

By submitting a bid, the bidder certifies that it is not currently debarred from submitting bids

for contracts issued by any political subdivision or agency of the State of Mississippi or Federal

government and that it is not an agent of a person or entity that is currently debarred from

submitting bids for contracts issued by any political subdivision or agency of the State of

Mississippi or federal government. The bidder shall submit a completed MDHS Debarment

Verification Form, attached to this IFB as Attachment D. Attachment D shall be received by

the MDHS, in the bid packet submitted by the bidder, no later than 9:00 AM CT, on April 5,

2019. The MDHS reserves the right to deem any bid packet not containing an executed MDHS

Debarment Verification Form as non-responsive to the IFB.

1.6 Registration with Mississippi’s Accountability System for Governmental Information and

Collaboration (MAGIC)

If the respondent is not already registered as a supplier in MAGIC, the respondent should register

as a supplier with the State of Mississippi. Registering as a supplier with the State of MS allows

businesses to register for upcoming opportunity notifications by the products they supply, search

the system for upcoming solicitations, respond to solicitations electronically, and receive

purchase orders via e-mail. The registration can be completed at the following link: http://www.dfa.ms.gov/dfa-offices/mmrs/mississippi-suppliers-vendors/supplier-self-service/

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1.7 Proprietary Information

Any bidder claiming that its response contains information exempt from the Mississippi Public

Records Act (Mississippi Code Annotated §§ 25-61-1, et. seq., and 79-23-1), shall segregate and

mark the information as confidential and provide the specific statutory authority for the exemption.

The bidder shall submit a completed Proprietary Information Form, attached to this IFB as

Attachment E.

1.8 Additional Information

All questions and requests for clarification concerning this procurement document must be

submitted in writing to Wendy Wilson at [email protected] by the deadline reflected

in Section 1.1.1. MDHS will not be bound by any verbal or written information that is not

contained within this IFB unless formally noticed and issued by MDHS. Bidders are cautioned

that any statements made by contact persons that cause a material change to any portion of the bid

document shall not be relied upon unless subsequently ratified by a formal written amendment to

the bid document. At no time shall any bidder or its personnel contact, or attempt to contact, any

MDHS staff regarding this IFB except the contact person as set forth and in the manner prescribed

in this section.

Should an amendment to the IFB be issued, it will be posted on the MDHS website

(http://www.mdhs.ms.gov) in a manner that all bidders will be able to view. Further, bidders must

acknowledge receipt of any amendment to the solicitation by signing and returning the amendment

with the bid package, by identifying the amendment number and date in the space provided for

this purpose on the bid form, or by letter. The acknowledgment should be received by the MDHS

by the time and at the place specified for receipt of bids as reflected in Section 1.1.1. It is the

bidder’s sole responsibility to monitor the website for amendments to the IFB.

This IFB, all questions, requests for clarification, and answers will be published on the Mississippi

Contract/Procurement Opportunity Search Portal and the Mississippi Department of Human

Services (hereinafter “MDHS”) website (http://www.mdhs.ms.gov) in a manner that all bidders

will be able to view by the date reflected in Section 1.1.1.

1.9 Type of Contract

Compensation for services will be in the form of a firm fixed-rate agreement. Each test price shall

remain firm and fixed, although the total contract value may vary based on the number and type

of tests performed.

1.10 Written Bids

All bids shall be in writing.

SECTION 2

2.1 Purpose

The MDHS is seeking to establish one (1) contract for genetic testing for paternity services for

Title IV-D cases administered through the Mississippi Department of Human Services (MDHS),

an agency of the State of Mississippi. It is understood that if any contract resulting from IFB

3160002720 requires approval by the Public Procurement Review Board (PPRB) and/or the

Mississippi Department of Finance and Administration, Office of Personal Service Contract

Review (OPSCR) and is not approved by PPRB and/or OPSCR, it is void and no payment shall

be made.

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The Mississippi Department of Human Services, operates the Child Support Enforcement unit

for the State of Mississippi. Miss Code Ann. 43-19-31 et seq. (1972) authorizes MDHS to operate

the CSE unit and more specifically establish paternity for any proper party or person as defined

by Title IV-D of the federal Social Security Act.

The mission of the CSE is to provide the ability for non-custodial parents (NCP) to contribute to

the support of their children by making regularly scheduled support payments, allowing the

custodial parent (CP) to better provide for the needs of their children through regular,

uninterrupted support. One of the ways this is accomplished is through prompt and accurate

paternity establishment.

The CSE program is state operated, however, all services are provided by a vendor through

district Child Support Enforcement Offices. Mississippi has twenty-four (24) district Child

Support Enforcement offices and an additional case processing site.

2.2 Definitions

2.2.1 AABB: the American Association of Blood Banks.

2.2.2 Case: All parties designated by MDHS who are associated with a child support case.

2.2.3 Contract: The agreement which results from this IFB between the winning Vendor and the Mississippi Department of Human Services.

2.2.4 Contractor: The organization or individual providing services to MDHS in accordance with the terms of the Contract which results from this IFB.

2.2.5 Correctional facility/facilities: includes local, state, or federal correctional facilities, as well as in private prisons that are operated under contract with a government agency.

2.2.6 DCSE: The Division of Child Support Enforcement within the Mississippi Department of Human Services.

2.2.7 MDHS: The State of Mississippi, Department of Human Services referred to in this IFB document as “MDHS”.

2.2.8 Vendor: A legally qualified corporation, partnership, sole proprietor, or other entity submitting a bid to MDHS pursuant to this IFB.

2.3 Scope of Services

2.3.1 General Requirements

2.3.1.1 DNA Testing and Collection Contractor

2.3.1.1.1 Training

The awarded Contractor shall be responsible for all necessary training as

determined by MDHS.

Training of MDHS staff shall include possible regional Continuing Legal

Education Training Seminars at no additional cost to the State.

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2.3.1.1.2 DNA Testing

MDHS is seeking a Contractor to perform genetic tests in paternity

cases and to provide test results for DNA samples received from

MDHS, and/or from other states/other states vendors. DNA samples

collected by MDHS staff will be delivered to the Contractor in prepaid

mailers provided by the Contractor. In accordance with the

requirements stated below, the Contractor will be paid for each

individual DNA test that results in a final test confirming or excluding

paternity.

2.3.1.1.3 DNA Collection

MDHS is seeking a Contractor to arrange for and assure the collection

of DNA samples from individuals who are:

2.3.1.1.3.1 In correctional facilities in Mississippi; and

2.3.1.1.3.2 Located outside the state of Mississippi but within the

United States or its territories when MDHS proceeds

with long-arm jurisdiction, as well as Military

Personnel; and

2.3.1.1.3.3 Any other persons located at other

locations/organizations as identified by MDHS.

The Contractor must train and certify completion of DNA buccal swab

collection and chain-of-custody processing for its staff and/or

Subcontractors.

2.3.2 DNA Testing and Collection

2.3.2.1 When Services Are To Be Performed

2.3.2.1.1 DNA Testing

The Contractor shall provide genetic testing services to MDHS upon

request throughout the term of the Contract in accordance with the

requirements of this IFB and of the subsequently awarded Contract.

2.3.2.1.2 DNA Collection

The Contractor shall contact and coordinate scheduling with

Correctional facilities as well as other organizations as designated by

MDHS, within seven (7) calendar days of a request from MDHS for

DNA collection of any person in the correctional facility or other

organization as designated by MDHS.

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The Contractor shall coordinate with correctional facilities or MDHS

designated organizations to schedule and obtain DNA samples within

fourteen (14) calendar days of receipt of MDHS’s request for

obtaining a DNA sample from individuals. If the correctional facility

or MDHS designated organization is unable to accommodate this time

frame, the Contractor must inform MDHS within seven (7) calendar

days of experiencing problems.

2.3.2.2 What Services Are To Be Performed

2.3.2.2.1 DNA Testing

The Contractor shall accept, store, and utilize all viable DNA samples

provided by MDHS and/or from other states/other states vendors. The

Contractor shall provide DNA test results and reports in accordance

with the requirements found below. The Contractor will be paid for

each individual DNA test that results in a final test confirming or

excluding paternity.

2.3.2.2.2 DNA Collection

The Contractor shall collect DNA samples from alleged fathers and/or

mothers, and/or children in correctional facilities or other MDHS

designated organizations at the request of MDHS.

The annual number of DNA collection requests from MDHS may

increase or decrease throughout the term of a Contract. MDHS does

not guarantee that its collection volume will increase, decrease, or

remain the same as in past years.

2.3.2.3 Where Services Are To Be Performed

2.3.2.3.1 DNA Testing

The Contractor shall be responsible for testing DNA samples received

at its laboratory. It shall maintain information and data electronically

and make available for MDHS’s review, a daily report in a MDHS

approved format of individual DNA sample names with associated

unique identifying number(s) that it has received from MDHS, and it

shall also electronically maintain information on the statuses of DNA

tests throughout the term of the Contract.

2.3.2.3.2 DNA Collection

The Contractor shall arrange for and assure the collection of DNA

samples from individuals who are in correctional facilities in

Mississippi. The Contractor and its subcontractors, if any, shall follow

correctional facility protocols and procedures.

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The Contractor shall also collect DNA samples from individuals

located outside the state of Mississippi but within the United States or

its territories when MDHS proceeds with long-arm jurisdiction.

The Contractor shall coordinate with military personnel for obtaining

genetic samples.

The Contractor shall collect DNA samples from any other persons

located in other locations/organizations as identified by MDHS.

2.3.2.4 Who Shall Provide Services

2.3.2.4.1 DNA Testing

The awarded Contractor shall be AABB certified and shall provide

services in accordance with Mississippi statutes and other applicable

laws. The Contractor must have completed an average of at least 1,500

DNA tests each month during calendar year 2018, and it shall maintain

the capacity to complete at least 1,500 tests each month throughout

the term of the Contract.

Any sub-contractor(s) the Vendor proposes to perform any services

under this IFB shall be AABB certified and shall provide services in

accordance with Mississippi statutes and other applicable laws.

Note: All Contractor staff and related subcontractors, if any, that

perform work for MDHS shall be current in their legally ordered child

support obligations.

2.3.2.4.2 DNA Collection

The Contractor must have at least five (5) years of experience collecting

or arranging for the collection of DNA samples by buccal swab. MDHS

prefers that the Contractor have experience collecting from individuals

who are:

2.3.2.4.2.1 In correctional facilities in Mississippi or other

locations/organizations as designated by MDHS; and

2.3.2.4.2.2 Located outside the state of Mississippi but within the

United States or Puerto Rico when Mississippi proceeds

with long-arm jurisdiction.

The Contractor must have collected or arranged for the collection of

an average of at least 100 DNA samples each month during calendar

year 2018, and it shall maintain the capacity to collect or arrange for

the collection of an average of at least 100 samples each month

throughout the term of the Contract.

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Any sub-contractor(s) the Vendor proposes to perform services under

this IFB shall have three (3) years of experience collecting or

arranging for the collection of DNA samples by buccal swab.

2.3.3 DNA Testing

2.3.3.1 Quality Control

The Contractor shall maintain written laboratory procedures for testing and

partial retesting DNA samples in accordance with AABB standards to prevent

errors and the release of erroneous test results to MDHS, and, it shall make its

procedures available to MDHS upon request.

At the inception of the awarded Contract and each calendar year thereafter, the

Contractor shall email to MDHS a summary of its procedures for processing and

inspecting test results prior to release from the laboratory.

2.3.3.2 Retention and Destruction of DNA Samples

The Contractor’s testing laboratory must follow the AABB retention and

destruction of DNA sample guidelines, and maintain MDHS’s collected DNA

partial and completed samples for a minimum of five (5) years, along with

related inventory records.

2.3.3.3 DNA Tests

2.3.3.3.1 The Contractor shall send all parties a copy of the report by mail. The

Contractor shall file the original report with the clerk of the court

wherein the action is pending along with proof of notice to the parties.

2.3.3.3.2 A summary of the test results must be available on the Contractor’s

own secure web site for MDHS to view. Genetic test results obtained

by fax will not be considered timely for payment purposes.

2.3.3.3.3 Unless otherwise specified, the Contractor shall perform DNA

paternity tests at a certainty level of at least 99.99%, or in accordance

with AABB testing standards and methodologies for parentage

testing.

2.3.3.3.4 The Contractor must receive and document express written

permission from MDHS before cross matching DNA samples (i.e.

using a DNA sample for analysis that is in the Contractor’s

possession but was collected for use in a different case).

2.3.3.3.5 For approved motherless cases, the Contractor shall contact MDHS

by email for approval to proceed with testing.

2.3.3.3.6 The Contractor shall promptly email MDHS no later than the next

business day if it becomes necessary to perform extended testing that

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will exceed contracted test turnaround time. All explanations shall be

sent by email, and will specify the additional number of calendar days

needed to deliver the test results along with the reason the extra time

is needed.

2.3.3.3.7 The Contractor shall maintain AABB accreditation as a parentage

testing laboratory during the term of this Contract. Should the

Contractor lose such accreditation during the term of the Contract,

the Contractor shall notify MDHS immediately, and the Contract

may be terminated at MDHS’s sole discretion. The Contractor must

include a copy of its AABB certification in its response to this IFB.

2.3.3.3.8 The Contractor will ensure that all genetic tests are completed in their

entirety, whether or not posting of the final test results meets the

required Contract turnaround time for payment.

2.3.3.3.9 Incorrect test results pertaining to a genetic testing case (i.e., a result

based on inadvertent use by the lab of the wrong DNA sample) must

be reported to MDHS by the Contractor by email and phone no later

than the next business day after the date when the Contractor first

becomes aware of the mistake.

2.3.3.3.10 If the Contractor releases erroneous test results to MDHS, the

Contractor will be solely liable for the costs associated with retesting

and re-collecting DNA samples.

2.3.3.3.11 Release by the Contractor of more than three (3) erroneous test results

based on a quality control procedural error or other error committed

by the Contractor within a one (1) calendar year period as it relates

to MDHS cases may result in termination of the Contract by MDHS.

2.3.3.3.12 The Contractor may utilize and/or incorporate any AABB approved

technological or scientific improvements in genetic testing. Any

significant advances in technology or process that are adopted by the

Contractor shall be reported in advance to MDHS by email before

implementation.

2.3.3.4 Paternity Test Results

2.3.3.4.1 The Contractor shall produce a certified report and affidavit for each

genetic test that complies with Section 93-9-23 Mississippi Code of

1972, as amended. Each report must contain at a minimum:

2.3.3.4.1.1 Tester's name, title, telephone number and

qualifications beyond the indications of professional

titles and experience,

2.3.3.4.1.2 Donor(s) name(s)

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2.3.3.4.1.3 MDHS case number, court/administrative case

number(s), and/or Authorization number

2.3.3.4.1.4 Type of genetic test(s) performed and date(s) samples

were collected

2.3.3.4.1.5 Probability of parentage

2.3.3.4.1.6 Conclusions

2.3.3.4.1.7 Donor’s clearly viewable photograph, thumbprint, and

last four digits of his or her SSN

2.3.3.4.1.8 Verified documentation by the Contractor of the type of

identification presented, notarized if appropriate and

necessary.

2.3.3.4.1.9 Verified documentation of the chain of custody,

2.3.3.4.1.10 The method by which the mother, child, and alleged

father were identified when the samples were obtained,

2.3.3.4.1.11 Combined paternity index.

2.3.3.4.2 The Contractor shall provide via its secure web site, and by hard

copy, certified test results to individual(s) designated by MDHS.

2.3.3.4.3 The Contractor shall ensure that all genetic test reports released by

the Contractor are at least 99.99% accurate in their reporting of

inclusionary or exclusionary test results, or be in accordance with

AABB testing standards and methodologies for parentage testing.

2.3.3.4.4 At no additional cost to MDHS, the Contractor shall provide an

original test report (with a clearly visible photograph and thumbprint

of noncustodial parent) to another government agency as directed by

MDHS along with a copy of the original test report to MDHS. The

Contractor shall release and provide genetic test reports to initiating

states after approval and notification by MDHS to the Contractor.

2.3.3.4.5 In the event the original test results were sent but never received by

MDHS, the Contractor is required to provide replacement, certified

copies of the original test report at no cost to MDHS.

2.3.3.5 Test Turnaround Time

2.3.3.5.1 The DNA test turnaround time is fourteen (14) calendar days or less,

from the date the last DNA sample was received by the Contractor to

the date MDHS receives the certified hard-copy test results.

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2.3.3.5.2 Failure of the Contractor to maintain an average DNA test turnaround

time of fourteen (14) calendar days or less during any calendar

quarter may require, at the discretion of MDHS, a proposed

“Corrective Action Plan” submitted, in a MDHS approved format, by

the Contractor to MDHS for review and approval that would rectify

the problem.

2.3.3.5.3 The Contractor is expected to maintain an average DNA test

turnaround time within the standard in all instances, including periods

of delay attributed to postal difficulties, unless by severe acts of nature

or war.

2.3.3.5.4 If more than thirty (30) DNA test results in a calendar quarter do not

meet the DNA test turnaround time requirement, MDHS may request

a “Corrective Action Plan” from the Contractor, unless the

Contractor emailed MDHS in advance, requesting an extension of

time, and thereafter received approval.

2.3.3.5.5 Requests for extensions of DNA test turnaround time shall be e-

mailed by the Contractor no less than one (1) business day, in

advance of the fourteen (14) calendar day turnaround time to

MDHS. MDHS shall thereafter promptly respond by email to the

Contractor to its request for an extension of time. Extension time

approvals from MDHS must be included with monthly invoicing

documentation provided by the Contractor to MDHS to enable

payment for exceptions. If not provided, any billed item that

exceeds the required fourteen (14) day DNA test turnaround time

will not be paid.

2.3.3.6 Testimony and Advice

2.3.3.6.1 The Contractor must provide a “subject matter consultant” upon

request and at no additional cost to MDHS for testimony and

consultation.

2.3.3.6.2 At MDHS’s request, the Contractor shall provide within the time

frame required by MDHS, a qualified person(s) to appear

telephonically at a deposition, or at a hearing in court or an

administrative hearing, to provide testimony as a subject matter

witness(es) at no additional cost to MDHS. The method of

appearance shall be determined by MDHS.

2.3.3.6.3 The Contractor shall provide written and/or telephonic consultation

to MDHS and/or the Attorney representing MDHS, and/or a judge

upon request by MDHS at no additional cost to MDHS.

2.3.3.6.4 The Contractor shall provide documentation and consultation of

specific case events upon request by MDHS at no additional cost to

MDHS.

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2.3.3.7 Chain of Custody Forms and Shipping Mailers

2.3.3.7.1 The Contractor shall provide to MDHS an adequate supply of Chain

of Custody (COC) forms, along with related pre-paid shipment

mailers in which to transport the forms and DNA samples. The

Contractor will utilize one or more reliable shipping companies for

its mailers to its laboratory (e.g.: Federal Express, United Parcel

Service, U.S. Postal Service Express Mail).

2.3.3.8 DNA Sample Collection Kits

2.3.3.8.1 The Contractor shall provide a timely and adequate supply of DNA

buccal swab sample collection kits along with chain of custody forms

and pre-paid mailers to each MDHS sample collection site as

designated, determined, and requested by MDHS in advance. There

are currently twenty-five (25) MDHS service sites. If the number

increases, sufficient kits must be supplied to the additional sites at no

additional cost to MDHS.

2.3.3.9 Communication Limitations and Public Information Requests

2.3.3.9.1 The Contractor and any of its subcontractors will have no

communication with the mother, child, the alleged father, their

family, or their attorney, about genetic testing results except under

court order or when otherwise specifically directed to do so by

MDHS (e.g., during depositions or in court).

2.3.3.9.2 All inquiries from the mother, child, the alleged father, their family,

or their attorney will be directed by the Contractor to the local MDHS

service center handling the case.

2.3.3.9.3 The Contractor must notify MDHS by email within one (1) business

day of receiving an inquiry from a governmental official and/or media

regarding cases in which MDHS is involved. MDHS must approve

and coordinate any response to governmental officials and/or the

media.

2.3.3.9.4 The Contractor must report to MDHS, in writing by email, within one

(1) business day of discovering any problem or unusual incident that

arises regarding any DNA test conducted by the Contractor that could

adversely affect MDHS or MDHS’s effort to establish paternity.

2.3.3.10 Contractor Procedures

2.3.3.10.1 The Contractor will provide its buccal swab collection and chain of

custody operating procedures and any associated training materials to

MDHS within ten (10) business days after the start of the Contract, in

an acceptable electronic format such as Microsoft Word, Power Point,

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Excel, video conferencing (WebEx), teleconferencing, and/or

computer based training.

2.3.3.10.2 The Contractor shall provide its operating procedures to MDHS at no

additional cost, which includes but is not limited to, the following:

2.3.3.10.2.1 Proper and efficient DNA buccal swab collection

procedures.

2.3.3.10.2.2 Completing the Contractor’s DNA sample chain of

custody forms.

2.3.3.10.2.3 Proper handing and mailing of the DNA samples and

chain of custody forms.

2.3.3.10.3 Further, the Contractor will make its knowledgeable staff available

to review its procedures and any associated and subsequent updates,

with MDHS’s staff, after the materials are delivered. Subsequent

updates will be provided promptly to MDHS as well as other

designated MDHS staff by appropriate means, such as Word, Excel,

Power Point, video conferencing (WebEx), teleconferencing, and/or

computer web based training at no additional cost to MDHS.

2.3.3.10.4 The Contractor will provide the name(s), email address(es), and

phone number(s) of the person(s) in their organization that can be

contacted by MDHS for training questions, and advice on an “as-

needed basis.”

2.3.3.11 Performance Reports

2.3.3.11.1 Report formats in Microsoft Excel shall be determined by MDHS

and provided to the Contractor. Reports will include, but may not be

limited to Contractor monthly, quarterly, and state fiscal year (July

1 through June 30) performance.

2.3.3.11.2 The Contractor shall provide an electronic statewide performance

“Monthly Performance Report” broken out by all Mississippi

counties and branches, as well as by individual MDHS Regions and

test dates See Attachments K and M.

2.3.3.11.3 The Monthly Performance Report shall be emailed to MDHS by the

15th of each month for all work performed in the previous calendar

month.

2.3.3.11.4 At a minimum, the Monthly Performance Report shall include the

Contractor performance as it relates to each Performance

Accountability Measure (PAM) and related Standard listed in this

IFB along with the number of DNA tests ordered by MDHS; the

number of DNA completed tests performed; the average turnaround

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time for performance; the numbers of partial cases closed and

pending; the number of cases in which exclusion was obtained; and

the number of re-test requests.

2.3.3.11.5 Contractor shall email to MDHS, a “Quarterly Operational

Effectiveness Report” within fifteen (15) calendar days after the end

of each calendar quarter to explain quarterly performance in relation

to the requirements of this IFB and resulting Contract. This quarterly

report will detail specific methods for reaching and maintaining each

Performance Accountability Measure and Standard listed in this IFB,

and it will explain how effectiveness is measured. After the first

calendar quarter of the Contract term, each quarterly report will

include a recap of the previous quarter’s results. The quarterly report

shall be reviewed and evaluated by MDHS relative to performance.

See Attachment L and N.

2.3.3.11.6 The Contractor shall maintain information and data electronically

and make available for MDHS review, a daily list in an approved

MDHS format of the individual DNA sample names with

associated unique identifying number(s) that it has received from

MDHS, and it shall also electronically maintain information on the

statuses of DNA tests throughout the term of the awarded Contract.

2.3.3.11.7 Documentation shall be maintained throughout the term of the

contract by the Contractor to evidence the completion of the tasks

required by this IFB and awarded Contract.

2.3.3.11.8 Upon advance request, the Contractor must provide ad hoc reports

to MDHS electronically as determined by MDHS. Reports

requested may include genetic test reports in PDF or ad hoc status

or performance reports in a format approved by MDHS.

2.3.3.11.9 The Contractor shall provide periodic data files to MDHS as

specified in Attachment O titled: Technical Requirements for

Periodic Data Files.

2.3.3.12 Customer Service

2.3.3.12.1 The Contractor shall provide its secure Internet web site, passwords,

and email addresses for MDHS use.

2.3.3.12.2 The Contractor shall participate in teleconference calls with MDHS

staff as requested by MDHS.

2.3.3.12.3 The Contractor shall respond to MDHS inquiries by the next

business day.

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2.3.3.13 Performance Accountability Measures (PAMS)

The Contractor is responsible for meeting the PAMS and related Standards

listed below. If the Contractor does not meet a PAM and its’ Standard, MDHS

may request that a “Corrective Action Plan” (CAP) be submitted by the

Contractor when its performance falls below the Standard of a PAM.

PAM#1: TEST TURNAROUND TIME

MEASURE: DNA test results provided in hard copy to MDHS must be received

within fourteen (14) calendar days on average each calendar quarter from the

date the DNA sample in a case was received by the Contractor (referred to as

test turnaround time).

STANDARD: Fewer than thirty (30) test results not received within fourteen

(14) calendar days per quarter.

NOTE: Exception to this Standard may occur in instances when the Contractor

e-mails MDHS in advance of the fourteen (14) day turnaround time limit with

an explanation, and a request for extension of time to complete the test. In such

instances MDHS will make the determination for an extension. Related

documentation must be included with the Contractor’s monthly billing to

substantiate payment, and summaries must be captured in its “Monthly Report”

and “Quarterly Operational Effectiveness Report” to MDHS.

PAM#2: ERRONEOUS TEST RESULTS

MEASURE: The number of erroneous test results released by the Contractor

within each calendar year, and reported by email and phone by the close of the

next business day after discovery to MDHS.

STANDARD: No more than one (1) erroneous test result per calendar year.

2.3.3.14 Transition Cases

2.3.3.14.1 Transition cases are those in which DNA samples have been

collected and/or tested and delivered to the Contractor awarded a

Contract as a result of this IFB, related to cases by MDHS’s previous

Contractor. The Contractor shall accept, store, and utilize all viable

test results, reports, and DNA test samples provided by the previous

Contractor. The Contractor must cooperate timely and efficiently

with the previous Contractor in the transition of any tests in process,

previous tests and safeguard associated documentation such that it

does not negatively impact MDHS.

2.3.3.14.2 The Contractor shall submit a transition plan to MDHS within a

minimum of thirty (30) business days prior to termination of the

Contract awarded from this IFB, or the Contractor’s reassignment

of the Contract to a successor Contractor. The plan must provide

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provisions for transitioning all partial DNA samples and/or test

results to a subsequent Contractor in the event the Contractor does

not continue as MDHS’s Contractor.

2.3.3.14.2.1 The Transition Plan shall provide detailed steps for an

orderly, efficient, and controlled transition of the

samples to a successor Contractor. There shall be no

cost associated with the plan or the transition to either

MDHS or the successor Contractor.

2.3.3.14.2.2 Upon termination or expiration of the Contract, the

Contractor shall assist MDHS in making an orderly,

effective, and controlled transition to a subsequent

vendor or entity. Failure to cooperate with MDHS in

making an orderly, effective, and controlled transition

may result in non-payment of outstanding invoices.

2.3.3.15 Corrective Action Plan

2.3.3.15.1 Using this IFB and resulting awarded Contract as the basis, MDHS

is authorized to identify deficiencies with the Contractor’s

performance and request a proposed Corrective Action Plan (CAP)

to correct the deficiencies.

2.3.3.15.2 The proposed CAP is due within ten (10) business days of the date

of any hardcopy or e-mail letter from MDHS, which identifies a

deficiency or deficiencies and requests a CAP.

2.3.3.15.3 MDHS shall notify the Contractor within ten (10) business days of

the receipt of a CAP as to the acceptability of the plan and will allow

ten (10) business days for the Contractor to submit a clarification or

revision if the plan is deemed unacceptable to MDHS.

2.3.3.15.4 Upon MDHS’s acceptance of the CAP, the Contractor shall have up

to thirty (30) calendar days or a time period mutually agreed upon

by MDHS and the Contractor to successfully implement and

complete the agreed upon CAP to rectify the problem(s). Failure to

respond to a request for corrective action, or failure to meet a CAP

may result in termination of the Contract within thirty (30) calendar

days unless MDHS deems it necessary to terminate the Contract

immediately.

2.3.3.15.5 MDHS reserves the right to exercise other remedies, including but

not limited to, using other genetic testing Contractors during and

after any Corrective Action Plan action.

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2.3.3.16 Invoicing Procedures

2.3.3.16.1 The Contractor will be paid for each individual DNA test that results

in a final test confirming or excluding paternity.

Requests for extensions of DNA test turnaround time shall be e-

mailed by the Contractor no less than one (1) business day, in

advance of the fourteen (14) calendar day turnaround time to

MDHS.

MDHS shall thereafter promptly respond by email to the Contractor

to its request for an extension of time. Extension time approvals

from MDHS must be included with monthly invoicing

documentation provided by the Contractor to MDHS to enable

payment for exceptions. If not provided, any billed item that exceeds

the required fourteen (14) day DNA test turnaround time will not be

paid.

2.3.3.16.2 The Contractor shall email a complete and accurate monthly invoice

to MDHS on a monthly basis.

2.3.3.16.3 MDHS shall pay only for timely and accurate performance results

that meet the requirements of this IFB and resulting awarded

contract. The Contractor will be paid by authorization numbers or

other unique numbers provided by MDHS that are assigned to

parties in DNA test cases and are included in the monthly billings.

Note: If the turnaround time for providing completed genetic test

results to MDHS exceeds fourteen (14) calendar days after receipt

of the DNA sample by the laboratory, MDHS shall not be charged

for testing unless the Contractor notifies MDHS in advance by email

of extenuating circumstances and justifying reasons that will cause

a delay in submitting the results. In such instances MDHS will make

the final determination for payment or non-payment.

2.3.3.16.4 The Contractor shall email its monthly invoice by the 10th of each

subsequent month unless it needs additional time and thereby notifies

MDHS in advance by email of extenuating circumstances with

justifying reasons that will cause a delay in submitting its monthly

invoice.

2.3.3.16.5 The Contractor’s invoices shall include DNA test cases. Upon notice

from MDHS that paternity has been established or that a DNA

paternity test is no longer needed, the Contractor shall terminate the

DNA testing process for that case. MDHS will not compensate the

Contractor for tests that are completed after notice is given by

MDHS to terminate testing.

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2.3.3.16.6 The Contractor shall not submit, and MDHS will not pay, for the

following:

2.3.3.16.6.1 Untimely billed items contrary to the IFB and

resulting awarded Contract requirement.

2.3.3.16.6.2 Work performed in a prior Contract year (except for

invoices for work performed in June that are submitted

in July).

2.3.3.16.6.3 Work that is incomplete and/or inaccurate.

2.3.3.16.6.4 Mishandled, lost, and/or damaged work.

2.3.3.16.6.5 Genetic tests requiring retesting of DNA samples

related to the release of erroneous genetic test result

information by the Contractor.

2.3.3.16.7 All invoices must be billed to MDHS under the Contractor’s name.

2.3.3.16.8 For each person to be collected and tested in association with a

MDHS case, a tracking number will be assigned by MDHS

containing at least one (1) unique number such as an “Authorization

Number”, “Case Number”, or “Business Partner Number” provided

by MDHS to the Contractor.

2.3.3.16.9 The Contractor’s monthly invoice shall include at a minimum the

following:

2.3.3.16.9.1 IV-D Case Number

2.3.3.16.9.2 Contractor Identifying number

2.3.3.16.9.3 Client’s Name

2.3.3.16.9.4 Child(ren)’s Name

2.3.3.16.9.5 Noncustodial Parent’s Name

2.3.3.16.9.6 Test Performed

2.3.3.16.9.7 Charge per test

2.3.3.16.9.8 Date sample obtained

2.3.3.16.9.9 County

2.3.3.16.9.10 Any additional information required by MDHS.

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2.3.3.16.10 MDHS shall review each monthly invoice along with supporting

documentation. If necessary, MDHS shall email an initial “denial”

report to the Contractor outlining discrepancies contained in any

monthly invoice and supporting documentation.

2.3.3.16.11 Within thirty (30) calendar days of the date of the denial report, the

Contractor may refute the denial report findings and submit rebuttal

documentation to substantiate the earning of payment to MDHS.

Thereafter, if any invoice discrepancies remain, MDHS along with

the Contractor shall make diligent efforts to resolve the

discrepancies within a thirty (30) calendar day period after MDHS’s

review of the Contractor’s rebuttal.

2.3.3.16.12 Final invoices for payment of services must be received by MDHS

within sixty (60) calendar days of performance and/or the

termination date of the Contract. If the Contractor fails to comply

with this provision, the Contractor may not be entitled to payment

for those services at the determination of MDHS.

2.3.4 DNA Collection

2.3.4.1 DNA Sample Collection

2.3.4.1.1 The Contractor shall use buccal swab sampling as the primary and

normal collection method for MDHS, unless a more efficient DNA

sample collection method emerges that is supported or endorsed by

the AABB.

2.3.4.1.2 The Contractor shall provide DNA collection and chain of custody

training, for each of its DNA collectors.

2.3.4.1.3 The Contractor shall use only competent and trained DNA sample

collectors to perform sample collection for MDHS.

2.3.4.1.4 The Contractor shall maintain, for the duration of the awarded

Contract, related DNA collector and collection training records for

MDHS’s review.

2.3.4.1.5 The Contractor shall maintain and shall provide to MDHS upon

request, the full names, mailing addresses, phone numbers, and

email addresses of all sample collectors that have performed work

for MDHS.

2.3.4.1.6 The Contractor’s employees and its subcontractors, if any, shall not

be more than 30 days in arrears for any child support obligation.

2.3.4.1.7 The Contractor shall ensure that its sample collectors maintain a

professional appearance, courteous demeanor, and wear an

appropriate and easily visible identification badge at all times while

at collection sites.

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2.3.4.1.8 The Contractor shall hold its sample collectors and subcontractors

to the same level of performance as required by MDHS of the

Contractor.

2.3.4.1.9 The Contractor and/or its sample collectors may be used as subject

matter consultants upon request by MDHS, at no additional cost to

MDHS. This requirement includes testimony in court and/or for

depositions, as and when determined by MDHS

2.3.4.1.10 If a sample collector is not allowed access to a correctional facility,

advance arrangements shall be made by the Contractor to provide

the facility with the necessary sample collection kit, collection

instructions, and chain of custody forms so the collection can be

completed and the sample shipped.

2.3.4.1.11 MDHS is not liable for any damages resulting from the Contractor’s

activities. See Indemnification pg. 55.

2.3.4.1.12 The Contractor shall enter notes in its web site and email MDHS

within seven (7) calendar days of MDHS’s request for DNA

collection when it is unable to arrange a sample collection with a

correctional facility or other MDHS-designated organization. The

notes and email must state the reasons for its inability to arrange for

the sample collection.

2.3.4.1.13 When a sample is collected, the Contractor, correctional facility

official, or official of the MDHS-designated organization must

obtain at that time a clearly visible photograph of the person whose

sample is being collected or make a copy of the person’s picture

identification.

2.3.4.1.14 The Contractor, correctional facility official, or official of the

MDHS- designated organization also must obtain the person’s

thumbprint, and ensure that proper chain-of-custody forms are used

and mailed promptly after collection.

2.3.4.1.15 Leaving a collection site before DNA collection work is completed

by the Contractor or Contractor’s representative is unacceptable.

MDHS will not pay for any DNA collections that must be

rescheduled as a result of the sample collector leaving the collection

site before the scheduled DNA collection work is completed.

2.3.4.2 Communication Limitations and Public Information Requests

The provisions of section 2.3.3.9 shall apply to any subcontractors used by

Contractor for DNA collection.

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2.3.4.3 Testimony and Advice

If matters concerning sample collection are contested in an adversarial

proceeding and the sample was collected by the Contractor, the Contractor will

ensure that the sample collector is made available to provide testimony under

oath.

2.3.4.4 Identification and Customer Service

2.3.4.4.1 The Contractor, at the time of the DNA sample collection, shall

ensure that each person from whom a sample is to be obtained has

proper identification.

2.3.4.4.2 The person submitting to the DNA sample collection must be asked

to present to the Contractor’s sample collector an unexpired form of

identification which bears a clearly visible photograph, or other

form of acceptable identification, issued containing a serial or other

identifying number, as authorized by law. In correctional facilities

the identification may be presented by a correctional facility official.

2.3.4.4.3 The following are acceptable forms of unexpired identification:

2.3.4.4.3.1 A valid inmate identification card from correctional

facilities;

2.3.4.4.3.2 A sworn written statement from a sworn law

enforcement officer at the time of DNA sample

collection that the forms of identification for an inmate

in an institution of confinement were confiscated upon

confinement are unavailable, and that the person named

in the document is the person whose signature is to be

notarized;

2.3.4.4.3.3 An identification card issued by the United States

Bureau of Citizenship and Immigration Services;

2.3.4.4.3.4 A Mississippi identification card or driver's license

issued by the Mississippi Department of Public Safety;

2.3.4.4.3.5 A driver's license or an identification card issued by a

public agency authorized to issue driver's licenses

2.3.4.4.3.6 An identification card issued by any branch of the

armed forces of the United States.

2.3.4.4.4 The Contractor’s sample collectors are responsible for making sure

that adults sign the bottom of their photos after being taken by the

Contractor’s sample collector, correctional facility official, or

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official of the MDHS designated organization and legibly write their

social security number on the photos.

2.3.4.4.5 The Contractor’s sample collectors are responsible for providing and

maintaining adequate photographic supplies, and use of a cell phone

camera shall only be permitted as an exception as a last resort.

2.3.4.4.6 The type of identification provided and any number assigned to the

identification, such as a driver license number or voter registration

number, must be included on the chain-of-custody report form.

2.3.4.4.7 Each person that submits a DNA sample must also have a

thumbprint made and included with the sample submission, along

with a clearly visible photograph.

2.3.4.4.8 If proper identification is not provided, the Contractor’s sample

collector, correctional facility official, or official of the MDHS

designated organization shall not draw a DNA sample. He or she

will immediately attempt to reschedule the DNA collection and

provide a CSE toll free phone number to the correctional facility

official or official of the MDHS designated organization.

2.3.4.4.9 Within twenty four (24) hours after scheduled sample collections,

the Contractor shall inform MDHS through email and on its secure

website, of the following:

2.3.4.4.9.1 Names of individuals who provided DNA samples;

2.3.4.4.9.2 Names of individuals who were not collected; and

2.3.4.4.9.3 Names of those who appeared but refused DNA

collection, along with the reasons.

2.3.4.4.10 Should a party require a re-collection of DNA or a reschedule to

draw DNA, the Contractor shall email MDHS within five (5)

business days from the last scheduled DNA collection date, along

with an explanation stating the reason. The Contractor shall also

include in the explanation the anticipated new collection completion

date.

2.3.4.4.11 The Contractor shall absorb costs for any re-collecting of samples

due to an insufficient collection by the sample collectors, delivery

of unsealed kits to the testing facility or when directed by MDHS.

There shall be no additional cost to MDHS for the recollection of

that sample, unless for reasons beyond the Contractor’s control and

at no fault of the Contractor.

2.3.4.4.12 The Contractor shall ensure that the sample collector has all

necessary DNA collection supplies (i.e., chain of custody kits and

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mailers, swabs, tape, gloves, camera, film, staples, etc.) necessary to

complete the collection, including the identification, preparation,

preservation and transportation of DNA samples to be processed.

2.3.4.4.13 The Contractor shall ensure that routine procedures are in place to

handle the disposal of all medical waste and collection trash in a

safe, legal, and orderly manner, and continually ensure that disposal

is in accordance with such procedures.

2.3.4.4.14 The Contractor will ensure that its sample collector(s) are present

timely at scheduled appointments, and it shall have an emergency

back-up DNA collector(s) available for the same scheduled days and

times, with sufficient sample collection time allowed in order to

ensure that all individuals are collected on the days scheduled.

2.3.4.4.15 The Contractor is responsible to ensure that its DNA sample

collectors assigned to perform collections in correctional facilities

or other MDHS designated organizations appear at least fifteen (15)

minutes prior to the first scheduled collection. The sample collectors

are also required to remain at least fifteen (15) minutes after the last

scheduled appointment to ensure all persons who appear are

sampled and the area is clean, unless the sample collections are

handled by correctional facility staff or staff of the MDHS

designated organization who are responsible for clean-up according

to facility policy.

2.3.4.4.16 The Contractor shall treat all individuals in correctional facilities or

other MDHS designated organizations professionally and with

respect.

2.3.4.4.17 If a Contractor’s sample collector designated to appear at a

correctional facility or other MDHS designated organization for

sample collection fails to appear without providing MDHS with 24

hour advance notification by email and phone, and no qualified and

prepared replacement is provided, MDHS shall not pay the

Contractor for those DNA collections that may be obtained later as

a result.

2.3.4.4.18 The Contractor shall ensure that its sample collectors do not leave

the location where samples are being collected for any reason

without first securing all samples, paper work, and lab supplies from

possible theft, loss, or compromise.

2.3.4.4.19 The Contractor shall be responsible for scheduling a second

appointment with MDHS approval in cases when the first

appointment was missed. In addition, the Contractor shall provide a

weekly “NO SHOW – SECOND NO SHOW” list that includes

names, dates, and associated MDHS numbers to MDHS service

centers that need this information.

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2.3.4.5 Transportation of DNA Samples

2.3.4.5.1 The Contractor shall provide and maintain a reliable and legible

legal chain of custody process beginning with the collection of the

sample and continuing through the time of completion of the test.

2.3.4.5.2 The Contractor is responsible for maintaining the security of all

DNA samples, information, and records, including but not limited

to while in vehicles and in any building.

2.3.4.6 Performance Accountability Measures for DNA Collection

The Contractor is responsible for meeting the PAMS and related standards listed

below. If the Contractor does not meet a PAM and its Standard MDHS may

request that a “Corrective Action Plan” (CAP) be submitted by the Contractor

when its performance falls below the Standard of a PAM.

PAM #1: No-Show / Refusal Notifications Not Reported

MEASURE: Number* of Contractor notifications not reported by e-mail to

MDHS by the close of the next business day after non-appearances or refusals

of persons scheduled to be collected.

*NOTE- The number must be documented in the Contractor’s “Monthly

Report” and “Quarterly Operational Effectiveness Report” to MDHS.

STANDARD: Zero (0).

PAM #2: DNA Collection Turnaround Time

MEASURE: The Contractor shall coordinate with correctional facilities or other

MDHS designated organizations such that DNA samples are obtained from

individuals in the particular facility or organization and mailed within fourteen

(14) calendar days of contact with the facility or organization, as documented

on the Contractor’s secure web site and through MDHS’s computer system.

Exception requests to the fourteen (14) calendar day requirement must be

emailed in advance by the Contractor to MDHS.

STANDARD: Fewer than ten (10) in excess of fourteen (14) calendar days of

MDHS request during a calendar quarter.

PAM #3: DNA Collection Notification to MDHS

MEASURE: The Contractor shall enter notes in its web site as well as email

MDHS within seven (7) calendar days of MDHS’s request for DNA collection

when it cannot coordinate a sample collection with a correctional facility or

MDHS designated organization, and it shall therein provide the reasons for

being unable to coordinate the sample collection.

STANDARD: 100%

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2.3.4.7 Performance Reports

2.3.4.7.1 Report formats shall be determined by MDHS and provided

electronically to the Contractor. Reports include, but are not be limited

to, Contractor monthly, quarterly, and state fiscal year (July 1 thru June

30) performance.

2.3.4.7.2 The Contractor shall email in a format approved MDHS by the 15th

of each month, a statewide “Monthly Performance Report” that

provides performance numbers and percentages, which are broken out

by all Mississippi counties where DNA collections were made.

2.3.4.7.3 The Monthly Performance Report shall include a comparative

summary of work performed in the previous calendar month.

2.3.4.7.4 The Monthly Performance Report shall include the Contractor’s

activity performance as it relates to each Performance Accountability

Measure (PAM) and related Standard listed in this IFB, along with the

following information:

2.3.4.7.4.1 Number of DNA collections ordered by MDHS;

2.3.4.7.4.2 Number of DNA collections performed;

2.3.4.7.4.3 Average turnaround time for performance; and

2.3.4.7.4.4 Number of recollection requests.

2.3.4.7.5 Contractor shall email to MDHS a “Quarterly Operational

Effectiveness Report” within fifteen (15) calendar days after the end

of each calendar quarter to explain quarterly performance in relation

to the requirements of this IFB and resulting awarded Contract. This

quarterly report will detail specific methods for reaching and

maintaining each Performance Accountability Measure and Standard

listed in this IFB, and it will explain how effectiveness and quality is

measured. After the first calendar quarter of the Contract term, each

quarterly report will include a summary of previous quarter’s results

for comparative purposes. The quarterly report shall be reviewed and

evaluated by MDHS, and questions/corrections thereafter discussed

between parties. Any discrepancies must be corrected by the

Contractor, as required by MDHS.

2.3.4.7.6 Documentation shall be maintained throughout the term of the

Contract by the Contractor to evidence the completion of the tasks

required by the IFB and awarded Contract.

2.3.4.7.7 Upon advance request, the Contractor must provide ad hoc reports to

MDHS electronically as determined by MDHS. Reports requested

may include genetic test reports in PDF or ad hoc status or

performance reports in a format approved by MDHS.

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2.3.4.8 Secure Web Site

2.3.4.8.1 The Contractor is responsible for providing an on-line secure website

continuously accessible to MDHS, except for periods of system repair

and maintenance. DNA sample collection statuses, along with other

performance information requested by MDHS, in advance, shall be

available on this website.

2.3.4.8.2 Electronic reporting, through use of a secure web site with passwords,

encryption, mail, or other secure means, shall be provided and used to

the extent that the security and confidentiality of data and information

(such as names, addresses, social security numbers, thumb prints,

photos) is not, or cannot be, compromised or breached.

2.3.4.8.3 The Contractor must electronically scan documents such as collection

activity reports into PDF format as determined by MDHS, and make

them readily available through its secure Internet web site to MDHS

as needed and upon request.

2.3.4.8.4 The Contractor’s web site must be capable of electronic uploads and

downloads of documents (e.g., PDF and Microsoft Word files) and

data (e.g., Excel spreadsheets) with MDHS.

2.3.4.8.5 The receipt date and time of all DNA collection requests received by

email and otherwise from MDHS must be captured and available on

the Contractor’s secure web site.

2.3.4.8.6 The Contractor’s secure website must contain the capability to record

notes in a Notes Field by Contractor and MDHS staff for each MDHS

case and individual.

2.3.4.8.7 The Contractor must, upon advance request from MDHS, provide

reports of performance and pending collection information contained

on the website that includes a status for all MDHS cases and

individuals. MDHS shall also be able to electronically create

performance, activity, and status reports from data contained in the

Contractor’s secure web site.

2.3.4.8.8 The Contractor must be able to transmit data to MDHS electronically

using Secure File Transfer Protocol (SFTP) or SSH using Secure Copy

Protocol (SCP) or another protocol approved by MDHS. This

requirement shall be met within fourteen (14) calendar days of the

awarded contract start date.

2.3.4.8.9 The Contractor shall enter into its secure website the unique numbers

provided by MDHS as well as MDHS’s DNA collection request

information including the individual names, the times and days the

collection requests were received, and times and days that DNA was

collected, individual “show” and “no-show” results from scheduled

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collections, and the days the DNA samples were mailed to the

Contractor’s laboratory.

2.3.4.9 Customer Service

2.3.4.9.1 The Contractor shall provide its secure Internet web site, passwords,

and Email addresses for MDHS use.

2.3.4.9.2 The Contractor shall participate in DNA collection teleconference

calls with the MDHS as requested by MDHS.

2.3.4.9.3 The Contractor shall respond to MDHS inquiries by the next business

day.

2.3.4.10 Transition Cases

2.3.4.10.1 Upon termination or expiration of the Contract, the Contractor shall

assist MDHS in making an orderly, effective, and controlled transition

to a subsequent vendor or entity. Failure to cooperate with MDHS in

making an orderly, effective, and controlled transition may result in

non-payment of outstanding invoices. There shall be no cost

associated with the plan or the transition to either MDHS or the

successor Contractor.

2.3.4.11 Corrective Action Plan

2.3.4.11.1 Using this IFB and resulting awarded Contract as the basis, MDHS is

authorized to identify deficiencies with the Contractor’(S)

performance and request a proposed Corrective Action Plan (CAP) to

correct the deficiencies.

2.3.4.11.2 The proposed Corrective Action Plan is due within ten (10) business

days of the date an e-mail letter from MDHS, which identifies a

deficiency and requests a CAP.

2.3.4.11.3 MDHS shall notify the Contractor within ten (10) business days of the

receipt of a CAP as to the acceptability of the plan and will allow ten

(10) business days for the Contractor to submit a clarification or

revision if the plan is deemed unacceptable to MDHS.

2.3.4.11.4 Upon MDHS’s acceptance of the CAP, the Contractor shall have up

to thirty (30) calendar days or a time period mutually agreed upon by

MDHS and the Contractor to successfully complete and implement

the agreed upon CAP to rectify the problem(s).

2.3.4.11.5 Failure to respond to a request for corrective action, or failure to meet

a CAP may result in termination of the Contract within thirty (30)

calendar days unless MDHS deems the necessity to terminate the

Contract immediately.

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2.3.4.11.6 MDHS reserves the right to exercise other remedies, including but not

limited to, using other genetic testing Contractors during and after any

Corrective Action Plan.

2.3.4.12 Invoicing Procedures

2.3.4.12.1 The Contractor will be paid for each completed and billed buccal swab

collection that is accompanied by a completed chain of custody form,

mailed timely to the appropriate location, and documented on the

Contractor’s secure website.

2.3.4.12.2 The Contractor shall email its complete and accurate monthly invoice

to MDHS on a monthly basis.

2.3.4.12.3 MDHS shall pay only for timely and accurate performance results that

meet the requirements of this IFB.

2.3.4.12.4 Upon notice from MDHS that paternity has been conceded, or notified

otherwise, the Contractor shall cease with a scheduled sample

collection. In such instance(s) the Contractor shall take no further

collection action, and will be paid for its performance if any has been

provided.

2.3.4.12.5 The Contractor shall email its monthly invoice by the 10th of each

subsequent month unless it needs additional time and thereby notifies

MDHS in advance by email of extenuating circumstances with

justifying reasons that will cause a delay in submitting its monthly

invoice.

2.3.4.12.6 The Contractor shall not submit, and MDHS will not pay for the

following:

2.3.4.12.6.1 Untimely billed items contrary to the IFB and resulting

awarded Contract requirement.

2.3.4.12.6.2 Work performed in a prior Contract year (except for

June billings submitted in July).

2.3.4.12.6.3 Work that is incomplete and/or inaccurate.

3.2.4.12.6.4 Mishandled, lost, and/or damaged work.

2.3.4.12.7 All invoices must be billed to MDHS under the Contractor’s name.

2.3.4.12.8 For each person to be collected in association with a MDHS case, a

tracking number will be assigned containing at least one (1) unique

number, such as an “Authorization Number”, “case number”, or

“Business Partner Number” provided by MDHS to the Contractor.

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2.3.4.12.9 The Contractor’s monthly invoice shall include at a minimum the

following:

2.3.4.12.9.1 IV-D Case Number

2.3.4.12.9.2 The date* the DNA samples were collected and date

sample was mailed to the appropriate location and

posted to the Contractor’s secure web site for MDHS to

view.

*Note: If the turnaround time for completing the DNA

collection and shipping process exceeds fourteen (14)

calendar days after receipt of the request from MDHS,

MDHS shall not be charged for the collection, unless the

Contractor notifies MDHS in advance by email of

extenuating circumstances and justifying reasons that

caused a delay in completing the collection. In such

instances MDHS will make the final determination for

payment or nonpayment.

2.3.4.12.9.3 Contractor Identifying Number

2.3.4.12.9.4 Client’s Name

2.3.4.12.9.5 Child(ren)’s Name

2.3.4.12.9.6 Noncustodial Parent’s Name

2.3.4.12.9.7 Test Performed

2.3.4.12.9.8 Charge per test

2.3.4.12.9.9 Date sample obtained

2.3.4.12.9.10 County

2.3.4.12.9.11 Result of the Test

2.3.4.12.9.12 Any additional information required by MDHS

2.3.4.12.11 MDHS shall review each monthly invoice along with substantiating

documentation, and if necessary, it shall email an initial “denial”

report to the Contractor for review concerning discrepancies

contained in any monthly invoice and substantiating documentation.

2.3.4.12.12 Within thirty (30) calendar days thereafter, the Contractor may refute

the denial report findings and submit rebuttal documentation to

substantiate the earning of payment to MDHS. Thereafter, if any

invoice discrepancies remain, MDHS along with the Contractor shall

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make diligent efforts to resolve the discrepancies within a thirty (30)

calendar day period after MDHS’s review of the Contractor’s

rebuttal.

2.3.4.12.13 Final invoices for payment of services must be received by MDHS

within sixty (60) calendar days of performance and/or the termination

date of the Contract. If the Contractor fails to comply with this

provision, the Contractor may not be entitled to payment for those

services at the determination of MDHS.

2.4 Implementation Plan

2.4.1 The awarded Vendor shall provide MDHS a draft implementation plan. Within 10

calendar days of Contract award, the awarded Vendor shall establish a final

implementation plan with the cooperation of MDHS.

The draft plan shall include:

2.4.1.1 The activities required for implementation.

2.4.1.2 The activities required herein.

2.4.1.3 The schedule for implementation.

2.4.1.4 Roles and responsibilities for the implementation.

2.4.1.5 A description of the mechanisms for reporting status to MDHS, and coordinating

and resolving issues related to the implementation.

2.4.1.6 Activities required to perform refresher training to all district offices for MDHS

staff witnessed collections.

2 . 5 T e r m

The anticipated term of the contract shall be for a period of three (3) years, beginning July 1,

2019, and ending on June 30, 2022. The Contract may be renewed at the discretion of MDHS

upon written notice to Contractor at least thirty (30) days prior to each contract anniversary date

for a period of two (2) successive one-year periods under the same prices, terms, and conditions

as in the Original Contract, and subject to approval by the PPRB. The total number of renewal

years permitted shall not exceed two (2).

Renewal years are subject to the needs of the MDHS, as well as the availability and appropriation

of funds. The Chief Procurement Officer shall notify Contractor, on a timely basis, in which

funds are, or are not available for the continuation of the contract for each succeeding fiscal

period. A multi-term contract will be canceled if funds are not appropriated or otherwise made

available to support the continuation of performance in any fiscal period succeeding the first;

however, this does not affect either the State’s rights or the Contractor’s rights under any

termination clause in the contract.

Compensation for services will be in the form of a firm fixed-rate agreement. Each test price

shall remain firm and fixed, although the total contract value may vary based on the number and

type of tests performed. A Unit Price shall be given for each service, and that unit price shall

be the same throughout the Contract.

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SECTION 3

3.1 Insurance

The successful bidder shall maintain at least the minimum level of workers’ compensation

insurance, and comprehensive general liability or professional liability insurance, with minimum

limits of $1,000,000 per occurrence and $3,000,000 aggregate annually. All workers’

compensation, comprehensive general liability, and professional liability insurance will provide

coverage to the MDHS as an additional insured. The MDHS reserves the right to request from

carriers, certificates of insurance regarding the required coverage. Insurance carriers must be

licensed or hold a Certificate of Authority from the Mississippi Department of Insurance. The

Contractor shall be prepared to provide evidence of required insurance upon request by the

MDHS at any point during the contract period and should consult with legal counsel regarding

its obligations.

SECTION 4

4.1 Bid Evaluation

Bids will be evaluated based on the requirements set forth in IFB 3160002720, which may include

criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and

suitability for a particular purpose. Those criteria that will affect the bid price and be considered

in evaluation for award shall be objectively measurable where possible. This Invitation for Bids

sets forth the evaluation criteria to be used. No criteria will be used in an evaluation that is not set

forth in this Invitation for Bids. Only bidders who are found responsive and responsible will have

their bids considered.

4.1.1 Responsive Bidder

Bidder must submit bid which conforms in all material respects to this Invitation for

Bids, IFB 3160002720, as determined by MDHS.

4.1.2 Responsible Bidder

Bidder must have capability in all respects to perform fully the contract requirements

and the integrity and reliability which will assure good faith performance, as determined

by MDHS.

4.1.3 Minimum Qualifications to be Deemed Responsible

4.1.3.1 Bidder must have been in business and provided Genetic Testing for Paternity

Services similar in requirements and scale to those described in this IFB for a

minimum of five (5) years.

4.1.3.2 These minimum qualifications are in addition to a minimum score of six (6) on

the Reference Score Sheet (Attachment G) from reference interviews by

MDHS staff with two (2) Bidder References (for a total minimum scoring

requirement of twelve (12) points), as well as all other requirements of this IFB.

(See Attachments F and G.)

4.1.4 Exceptions

Bidders taking exception to any part or section of the solicitation shall indicate such

exceptions on the bid form. Failure to indicate any exception will be interpreted as the

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bidder’s intent to comply fully with the requirements as written. Conditional or qualified

bids, unless specifically allowed, shall be subject to rejection in whole or in part.

4.1.5 Informalities and Irregularities

The MDHS has the right to waive minor defects or variations of a bid from the exact

requirements of the specifications that do not affect the price, quality, quantity, delivery,

or performance time of the services being procured. If insufficient information is

submitted by a bidder with the bid for the MDHS to properly evaluate the bid, the MDHS

has the right to require such additional information as it may deem necessary after the

time set for receipt of bids, provided that the information requested does not change the

price, quality, quantity, delivery, or performance time of the services being procured.

4.1.6 Rejection of Bids

A bid response that includes terms and conditions that do not conform to the terms and

conditions in the bid document is subject to rejection as non-responsive. The MDHS

reserves the right to permit the bidder to withdraw nonconforming terms and conditions

from its bid response prior to a determination by the MDHS of non-responsiveness based

on the submission of nonconforming terms and conditions.

4.1.7 Bid Withdrawal

If the price bid is substantially lower than those of other bidders, a mistake may have

been made. A bidder may withdraw its bid from consideration if certain conditions are

met:

4.1.7.1 The bid is submitted in good faith.

4.1.7.2 The price bid is substantially lower than those of other bidders because of a

mistake.

4.1.7.3 The mistake is a clerical error, not an error of judgment.

4.1.7.4 Objective evidence drawn from original work papers, documents, and other

materials used in the preparation of the bid demonstrates clearly that the mistake

was an unintentional error in arithmetic or an unintentional omission of a

quantity of labor or material.

To withdraw a bid that includes a clerical error after bid opening, the bidder must give

notice in writing to the MDHS of claim of right to withdraw a bid. Within two business

days after the bid opening, the bidder requesting withdrawal must provide to the MDHS

all original work papers, documents, and other materials used in the preparation of the

bid.

A bidder may also withdraw a bid, prior to the time set for the opening of bids, by simply

making a request in writing to the MDHS. No explanation is required.

4.1.8 Conditioning Bid Upon Other Awards

Any bid which is conditioned upon receiving award of both the particular contract being

solicited and another Mississippi contract shall be deemed non-responsive and not

acceptable.

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4.1.9 Bid Submission Format

The bid package must be sealed and must contain the following:

Bid Cover Sheet (Attachment A)

Bid Form (Attachment B)

Certifications and Assurances (Attachment C)

Debarment Form (Attachment D)

Proprietary Form (Attachment E)

References (Attachment F)

Any Required Documentation and/or Certifications listed in Section 2.3

“Scope of Services” and Section 2.4 “Implementation Plan”

4.1.10 References

Each bidder must furnish a listing of at least three (3) trade references along with the

contact person, address, and phone number for each. These references must be familiar

with the bidder’s abilities in the areas involved with this solicitation. The MDHS will

use these references to determine the bidder’s ability to perform the services. It is the

responsibility of the bidder to ensure that the reference contact information is correct

and current. Bidders should verify before submitting their bid that the contact person

and phone number are correct for each reference. The MDHS staff must be able to

reach two (2) references for a bidder within two (2) business days of bid opening to

be considered responsive. Further, the bidder must score a minimum of six (6)

points on each Reference Score Sheet which will be used by the MDHS staff when

interviewing the two (2) references (for a total minimum scoring requirement of

twelve (12) points) to be considered responsive and/or responsible. (See Section

4.1.3.2 and Attachments F and G.) Only bidders who are found responsive and

responsible will have their bids considered. The bidder may submit as many references

as desired. The MDHS will begin contacting references at the top of the list and will

continue down the list until MDHS completes Reference Score Sheets for two (2)

references.

References must be listed on Attachment F.

4.2 Bid Opening

Bid opening will be open to the public; however, this will include opening, reading aloud, and

listing the bid price on each bid only. No discussions will be entered into with any bidder as to

the quality or provisions of the specifications and no award will be made, either stated or implied

at the bid opening.

4 . 3 A w a r d

The contract will be awarded by written notice to the lowest responsible bidder whose bid meets

the requirements and criteria set forth in this Invitation for Bids on date specified as reflected in

Section 1.1.1. Any bids received may be rejected in whole or in part when in the best interest of

the State.

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4.3.1 Notification

All participating bidders will be notified of the MDHS’ intent to award a contract. Notice

of award is made available to the public which will identify the selected vendor. The

winning bidder will be notified via e-mail of the award. Additionally, a letter will be

sent to all bidders.

4.3.2 Contract Management

If the Contractor fails to adhere to the Genetic Testing for Paternity Services schedule,

or if the Contractor fails to satisfactorily provide the prescribed service to all or any

service area, the MDHS will inform the Contractor, and the Contractor shall complete

corrective action within twenty-four (24) hours. No payment shall be made to the

Contractor until all deficiencies have been corrected. If the Contractor exhibits a pattern

of non-performance as shown by repeated deficiencies, the MDHS may terminate the

contract without further obligation to the Contractor. (MDHS may elect to use the form

included as Attachment J, Genetic Testing for Paternity Services Contract Discrepancy

Report.)

SECTION 5

5.1 Post-Award Vendor Debriefing

A bidder, successful or unsuccessful, may request a post-award debriefing, in writing, by U.S. mail

or electronic submission. The written request must be received by the Director of the MDHS within

three (3) business days of notification of the contract award. A post-award debriefing is a meeting

and not a hearing; therefore, legal representation is not required. A debriefing typically occurs

within three (3) business days of receipt of the request. If a bidder prefers to have legal

representation present, the bidder must notify the Director of the MDHS in writing and identify its

attorney by name, address, and telephone number. The MDHS will schedule and/or suspend and

reschedule the meeting at a time when a Representative of the Office of the Mississippi Attorney

General can be present.

For additional information regarding Post-Award Debriefing, as well as the information that may

be provided and excluded, please see Section 7-114 through 7-114.07, Post-Award Vendor

Debriefing, of the Mississippi Public Procurement Review Board Office of Personal Service

Contract Review Rules and Regulations.

5.2 Protest of Award

Any actual or prospective bidder or contractor who is aggrieved in connection with this

solicitation or the outcome of the Invitation for Bids may file a protest with the Bid Coordinator,

Wendy Wilson. The protest shall be submitted on or before date and time specified in Section

1.1.1, in writing after such aggrieved person or entity knows or should have known of the facts

giving rise thereto. All protests must be in writing, dated, signed by the bidder or an individual

authorized to sign contracts on behalf of the protesting bidder, and contain a statement of the

reason(s) for protest, citing the law(s), rule(s) or regulation(s), and/or procedure(s) on which the

protest is based. The written protest letter shall contain an explanation of the specific basis for

the protest. The protesting bidder must provide facts and evidence to support the protest. A

protest is considered filed when received by the Bid Coordinator, Wendy Wilson, via either U.S.

mail, postage prepaid, or personal delivery. Protests filed after seven (7) days after award will

not be considered.

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5.3 Required Contract Terms and Conditions

Any contract entered into between MDHS and a vendor/bidder shall include the required clauses

found in Attachment H and those required by the Mississippi Public Procurement Review

Board Office of Personal Service Contract Review Rules and Regulations as updated.

5.4 Optional Contract Terms and Conditions

Any contract entered into between MDHS and a vendor/bidder may have, at the discretion of

the MDHS, the optional clauses found in Attachment I and those within the Mississippi Public

Procurement Review Board Office of Personal Service Contract Review Rules and

Regulations as updated.

5.5 Attachments

The attachments to this Invitation for Bids are made a part of this Invitation for Bids as if copied

herein in words and figures.

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ATTACHMENT A

BID COVER SHEET

The MDHS is seeking to establish a contract for Genetic Testing for Paternity Services throughout

the State of Mississippi. Sealed bids are to be submitted (mailed or hand-delivered) as listed below, on

or before the date and time specified in Section 1.1.1.

PLEASE MARK YOUR ENVELOPE:

Genetic Testing for Paternity Services

IFB No. 3160002720

Opening: 10:00 AM CT, Friday, April 5, 2019

Mississippi Department of Human Services

Division of Budgets and Accounting

Attention: Wendy Wilson

200 South Lamar Street

Jackson, Mississippi 39201

SEALED BID – DO NOT OPEN

Name of Company: ______

Quoted By: ____________

Signature: _____________

Address: _______________

City/State/Zip Code: _____

Company Representative:

Telephone: _____________

Fax: __________________

E-Mail:

FEI/FIN # (if company, corporation, or partnership)

SS # (if individual):

In addition to providing the above contact information, please answer the following questions

regarding your company:

What year was your company started?

How many years and/or months has your company been in the business of performing the services called

for in this Invitation for Bids?

Please provide the physical location and mailing address of your company’s home office, principal place

of business, and place of incorporation.

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If your company is not physically located in the region, how will you supply Genetic Testing for

Paternity Services to agencies in the region?

Is your company currently for sale or involved in any transaction to expand or to become acquired by

another business entity? If yes, please discuss the impact both in organizational and directional terms.

List all licenses or permits your company possesses that are applicable to performing the services

required in this Invitation for Bids.

For how many customers has your company provided Genetic Testing for Paternity Services in the

past two (2) years? Please include the dates, the size of the area maintained, and the annual amount of

the billing to each customer.

What is the largest customer your company has provided Genetic Testing for Paternity Services for

in the past two (2) years? Please include the annual amount of the billing.

Describe any specific services which your company offers along with any specialized experience,

certification, and/or education of your current staff.

List all the equipment that your company has available or that is intended to be used to perform the

services required in this Invitation for Bids.

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ATTACHMENT B

BID FORM FOR GENETIC TESTING FOR PATERNITY SERVICES

Company Company Representative Telephone

The pricing quoted must be inclusive of, but not limited to the following:

All required equipment and materials

All required insurance

All required overhead

All required profit

All required transportation

All required fuel and mileage

All required labor

All required business and professional licenses, permits, fees, etc. (if any)

Any and all other costs associated with performing the services

Pricing Structure: All pricing for Genetic Testing for Paternity Services includes all associated costs

with no additional or hidden fees. Compensation for services will be in the form of a firm fixed-rate

agreement. Each test price shall remain firm and fixed, although the total contract value may vary based

on the number and type of tests performed. A Unit Price shall be given for each service, and that Unit

Price shall be the same throughout the Contract.

DNA Testing: State the cost for each individual DNA Test $_________

DNA Collection: State the cost per DNA Collection in the State of MS $_________

DNA Collection: State the cost per DNA Collection outside the State of MS $_________

DNA Testing: State the cost for motherless DNA testing $_________

Attachment P – Historical Test & Collection Data: Number of Tests Performed for a 12 Month Period

is included if this data is needed to assist with bidding information.

In addition, please provide a rate sheet of all tests offered (outside of tests required in the above table).

This rate sheet shall include test type, test description, and price per test.

By signing below, the Company Representative certifies that he/she has authority to bind the

company, and further acknowledges on behalf of the company:

1. That he/she has thoroughly read and understands this Invitation for Bids, IFB 3160002720 , and the

attachments herein;

2. That the company meets all requirements and acknowledges all certifications contained in this

Invitation for Bids, IFB 3160002720, and the attachments herein;

3. That the company agrees to all provisions of this Invitation for Bids, IFB 3160002720, and the

attachments herein;

4. That the company will perform, without delay, the services required at the prices quoted in this

Attachment B; and

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5. That, to the best of its knowledge and belief, the cost or pricing data submitted is accurate, complete,

and current as of the submission date.

6. That the company has, or will secure, at its own expense, applicable personnel who shall be qualified

to perform the duties required to be performed under this Invitation for Bids.

7. That the company can and will meet all required laws, regulations, and/or procedures related to

Genetic Testing for Paternity Services and represents that it is licensed, certified and possesses

the requisite credentials to perform these services. Further, if the company is the successful bidder

and the material, equipment, etc., delivered is subsequently found to be deficient pursuant to any

federal and state laws and regulations in effect on the date of delivery, all costs necessary to bring

the material, equipment, etc. into compliance with aforementioned requirements shall borne solely

by Contractor.

8. By submitting a bid, the bidder certifies that it is not currently debarred from submitting bids for

contracts issued by any political subdivision or agency of the State of Mississippi or federal

government and that it is not an agent of a person or entity that is currently debarred from submitting

bids for contracts issued by any political subdivision or agency of the State of Mississippi or federal

government.

Printed Name: ____________________________________________________________

Signature/Date: ___________________________________________________________

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ATTACHMENT C

CERTIFICATIONS AND ASSURANCES

I/We make the following certifications and assurances as a required element of the bid to which it is

attached, of the understanding that the truthfulness of the facts affirmed here and the continued

compliance with these requirements are conditions precedent to the award or continuation of the related

contract(s) by circling the applicable word or words in each paragraph below:

1. REPRESENTATION REGARDING CONTINGENT FEES

Contractor represents that it HAS/HAS NOT (please circle applicable word or words) retained

a person to solicit or secure a state contract upon an agreement or understanding for a

commission, percentage, brokerage, or contingent fee, except as disclosed in Contractor’s bid.

2. REPRESENTATION REGARDING GRATUITIES

The bidder or Contractor represents that it HAS/HAS NOT (please circle applicable word or

words) violated, is not violating, and promises that it will not violate the prohibition against

gratuities set forth in Section 6-204 (Gratuities) of the Mississippi Public Procurement Review

Board Office of Personal Service Contract Review Rules and Regulations.

3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

The bidder certifies that the prices submitted in response to the solicitation HAVE/HAVE NOT

(please circle applicable word or words) been arrived at independently and without, for the

purpose of restricting competition, any consultation, communication, or agreement with any other

bidder or competitor relating to those prices, the intention to submit a bid, or the methods or factors

used to calculate price.

4. PROSPECTIVE CONTRACTOR’S REPRESENTATION REGARDING

CONTINGENT FEES

The prospective Contractor represents as a part of such Contractor’s bid that such Contractor

HAS/HAS NOT (please circle applicable word or words) retained any person or agency on a

percentage, commission, or other contingent arrangement to secure this contract.

Name/Title: ___

Signature/Date:

Note: Please be sure to CIRCLE THE APPLICABLE WORD OR WORDS provided above.

Failure to circle the applicable word or words and/or to sign the bid form may result in the bid

being rejected as nonresponsive. Modifications or additions to any portion of this bid

document may be cause for rejection of the bid.

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ATTACHMENT D

DEBARMENT VERIFICATION FORM

Subgrantee’s/Contractor’s Name

Authorized Official’s Name

DUNS Number

Address

Phone Number

Are you currently registered with

www.sam.gov (Respond Yes or No)

Registration Status (Type Active or Inactive)

Active Exclusions (Type Yes or No)

Federal Debarment Certification:

By signing below, I hereby certify that _________________________________ is not on the list (Subgrantee’s Name/Contractor’s Name)

for federal debarment on www.sam.gov – System for Award Management (SAM).

State of Mississippi Debarment Certification:

By signing below, I hereby certify that _________________________________ is not on the list (Subgrantee’s Name/Contractor’s Name)

for debarment for doing business within the State of Mississippi or with any Mississippi State Agencies.

Partnership Debarment Certification:

By signing below, I hereby certify that all entities who are in partnership through this contract with

MDHS (subcontractors, subrecipients, et al.) are not on the federal debarment list on www.sam.gov –

System for Award Management or the State of Mississippi debarment list. Proof of documentation of

partnership verification with SAM shall be kept on file and the debarment status shall be checked prior

to submission of every contract/subgrant and modification to MDHS.

Signature of Authorized Official Date (No stamped signature)

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ATTACHMENT E

PROPRIETARY INFORMATION

The Respondent should mark any and all pages of this response considered to contain proprietary

information. Such pages may remain confidential in accordance with Mississippi Code Annotated §§25-

61-9 and 79-23-1 (1972, as amended). Each page of this response considered, by the Respondent, to

contain trade secrets or other confidential commercial/financial information should be marked in the

upper right hand corner with the word “CONFIDENTIAL.” Any pages not marked accordingly will be

subject to review by the general public after the award of the contract. Requests to review the proprietary

information will be handled in accordance with applicable legal procedures. Failure to clearly identify

trade secrets or other confidential commercial/financial information may result in that information being

released in a public records request.

For all procurement contracts awarded by state agencies, the provisions of the contract which contain

the personal or professional services provided, the price to be paid, and the term of the contract shall not

be deemed to be a trade secret, or confidential commercial or financial information, and shall be

available for examination, copying, or reproduction.

If applicable, please indicate which parts/pages below that the contractor wishes to designate as

proprietary. In addition, provide the specific statutory authority for the exemption. If this is not

applicable, please indicate with “N/A” below.

1.

2.

3.

4.

5.

By signing below, I understand failure to clearly mark proprietary information as identified above may

result in disclosure of such information as it will be subject to review by the general public after the

award of the contract.

Signature of Authorized Official/ Title Date (No stamped signature)

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ATTACHMENT F

REFERENCES

REFERENCE 1

Name of Company: _______________________________________________________________

Dates of Service: _________________________________________________________________

Contact Person: _________________________________________________________________

Address: ________________________________________________________________________

City/State/Zip: ___________________________________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: _________________________________________________________________________

Alternative Contact Person (optional): ______________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: ___________________________________________________________________________

REFERENCE 2

Name of Company: _______________________________________________________________

Dates of Service: _________________________________________________________________

Contact Person: _________________________________________________________________

Address: ________________________________________________________________________

City/State/Zip: ___________________________________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: _________________________________________________________________________

Alternative Contact Person (optional): ______________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: ___________________________________________________________________________

REFERENCE 3

Name of Company: _______________________________________________________________

Dates of Service: _________________________________________________________________

Contact Person: _________________________________________________________________

Address: ________________________________________________________________________

City/State/Zip: ___________________________________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: _________________________________________________________________________

Alternative Contact Person (optional): ______________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

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REFERENCE 4

Name of Company: _______________________________________________________________

Dates of Service: _________________________________________________________________

Contact Person: _________________________________________________________________

Address: ________________________________________________________________________

City/State/Zip: ___________________________________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: _________________________________________________________________________

Alternative Contact Person (optional): ______________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: ___________________________________________________________________________

REFERENCE 5

Name of Company: _______________________________________________________________

Dates of Service: _________________________________________________________________

Contact Person: _________________________________________________________________

Address: ________________________________________________________________________

City/State/Zip: ___________________________________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: _________________________________________________________________________

Alternative Contact Person (optional): ______________________________________________

Telephone Number: ______________________________________________________________

Cell Number: ____________________________________________________________________

E-mail: ___________________________________________________________________________

Bidder may submit as many references as desired by submitting as many additional copies of Attachment F,

References, as deemed necessary. References will be contacted in order listed until two references have been

interviewed and Reference Score Sheets completed for each of the two references. No further references will be

contacted; however, bidders are encouraged to submit additional references to ensure that at least two references

are available for interview. MDHS must be able to contact two references within two (2) business days of bid

opening to be considered responsive.

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ATTACHMENT G

REFERENCE SCORE SHEET

TO BE COMPLETED BY MDHS ONLY

Name of Bidder:

Reference Name: ______________________________________________________________

Person Contacted, Title/Position:

Date/Time Contacted: _______________________________________________________________

Contacted By: ___________________________________ Position: __________________

Services From/To Dates: ________________________________________________________

Each “yes” is one point; each “no” is zero points. Bidder must have a minimum score of “6” from two

references (total of “12” points) to be considered responsible and for its bid to be considered.

Score: _________

Do you have any business, professional or personal interest in the bidder’s

organization? If yes, please explain.

Yes No

Notes:

Questions Response

(Circle One) Able to provide Genetic Testing for Paternity Services when requested? Yes No

Satisfied with the services provided? If no, please explain. Yes No

Vendor easy to work with when scheduling Genetic Testing for

Paternity Services?

Yes No

Were the Genetic Testing for Paternity Services completed on time and

within budget?

Yes No

Vendor listened when you had an issue and readily offered a solution? (If

never had an issue, please check here ___.)

Yes No

Would you enter into a Contract with them again? Yes No

Would you recommend them? Yes No

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ATTACHMENT H

REQUIRED CLAUSES FOR SERVICE CONTRACTS RESULTING FROM THIS IFB

1. Applicable Law. The contract shall be governed by and construed in accordance with the laws of the

State of Mississippi, excluding its conflicts of laws, provisions, and any litigation with respect thereto

shall be brought in the courts of the State. Contractor shall comply with applicable federal, state, and

local laws and regulations.

2. Approval Clause. It is understood that if this contract requires approval by the Public Procurement

Review Board (PPRB) and/or the Mississippi Department of Finance and Administration Office of

Personal Service Contract Review (OPSCR) and this contract is not approved by the PPRB and/or

OPSCR, it is void and no payment shall be made hereunder.

3. Availability of Funds. It is expressly understood and agreed that the obligation of the MDHS to proceed

under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature

and the receipt of state and/or federal funds. If the funds anticipated for the continuing fulfillment of the

agreement are, at any time, not forthcoming or insufficient, either through the failure of the federal

government to provide funds or of the State of Mississippi to appropriate funds or the discontinuance or

material alteration of the program under which funds were provided or if funds are not otherwise

available to the MDHS, the MDHS shall have the right upon ten (10) working days written notice to

Contractor, to terminate this agreement without damage, penalty, cost or expenses to the MDHS of any

kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

4. Compliance with Laws. Contractor understands that the MDHS is an equal opportunity employer and

therefore, maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex,

age, national origin, physical handicap, disability, genetic information, or any other consideration made

unlawful by federal, state, or local laws. All such discrimination is unlawful and Contractor agrees

during the term of the agreement that Contractor will strictly adhere to this policy in its employment

practices and provision of services. Contractor shall comply with, and all activities under this agreement

shall be subject to, all applicable federal, State of Mississippi, and local laws and regulations, as now

existing and as may be amended or modified.

5. E-Payment. Contractor agrees to accept all payments in United States currency via the State of

Mississippi’s electronic payment and remittance vehicle. The MDHS agrees to make payment in

accordance with Mississippi law on “Timely Payments for Purchases by Public Bodies,” which

generally provides for payment of undisputed amounts by the MDHS within forty-five (45) days of

receipt of invoice. Mississippi Code Annotated § 31-7-301 et seq.

6. E-Verification. If applicable, Contractor represents and warrants that it will ensure its compliance with

the Mississippi Employment Protection Act of 2008, and will register and participate in the status

verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 et seq. The

term “employee” as used herein means any person that is hired to perform work within the State of

Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and

Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland

Security, also known as the E-Verify Program, or any other successor electronic verification system

replacing the E-Verify Program. Contractor agrees to maintain records of such compliance. Upon

request of the State and after approval of the Social Security Administration or Department of Homeland

Security when required, Contractor agrees to provide a copy of each such verification. Contractor further

represents and warrants that any person assigned to perform services hereafter meets the employment

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eligibility requirements of all immigration laws. The breach of this agreement may subject Contractor

to the following:

a. termination of this contract for services and ineligibility for any state or public contract in

Mississippi for up to three (3) years with notice of such cancellation/termination being made

public; or

b. the loss of any license, permit, certification or other document granted to Contractor by an

agency, department or governmental entity for the right to do business in Mississippi for up to

one (1) year; or,

c. both. In the event of such cancellation/termination, Contractor would also be liable for any

additional costs incurred by the State due to Contract cancellation or loss of license or permit to

do business in the State.

7. Insurance. Contractor represents that it will maintain workers’ compensation insurance which shall inure

to the benefit of all Contractor’s personnel provided hereunder; and comprehensive general liability or

professional liability insurance, with minimum limits of $1,000,000.00 per occurrence and

$3,000,000.00 aggregate annually. All workers’ compensation, comprehensive general liability, and

professional liability insurance will provide coverage to the State of Mississippi as an additional insured.

The MDHS reserves the right to request from carriers, certificates of insurance regarding the required

coverage. Insurance carriers must be licensed or hold a Certificate of Authority from the Mississippi

Department of Insurance. Contractor will furnish MDHS a certificate of insurance providing the

aforesaid coverage, prior to the commencement of performance under this Agreement and upon request

by MDHS at any time during the contract period. Such certificate shall contain provisions that coverage

afforded under the policies shall not be cancelled, terminated, or materially altered until at least thirty

(30) days prior notice has been given to the MDHS. Cancellation of the above mentioned referenced

insurance shall be grounds for termination of this contract. Failure on the part of the Contractor to

procure or maintain the required insurance and provide proof thereof to MDHS shall constitute a

material breach of the contract upon which the MDHS may immediately terminate this Contract.

8. Paymode. Payments by state agencies using the State’s accounting system shall be made and remittance

information provided electronically as directed by the State. These payments shall be deposited into

the bank account of Contractor’s choice. The State may, at its sole discretion, require Contractor to

electronically submit invoices and supporting documentation at any time during the term of this

Agreement. Contractor understands and agrees that the State is exempt from the payment of taxes. All

payments shall be in United States currency.

9. Procurement Regulations. The contract shall be governed by the applicable provisions of the

Mississippi Public Procurement Review Board Office of Personal Service Contract Review Rules

and Regulations, a copy of which is available at 501 North West Street, Suite 701E, Jackson,

Mississippi 39201 for inspection, or downloadable at http://www.dfa.ms.gov.

10. Representation Regarding Contingent Fees. Contractor represents that it has not retained a person to

solicit or secure a state contract upon an agreement or understanding for a commission, percentage,

brokerage, or contingent fee, except as disclosed in Contractor’s bid.

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11. Representation Regarding Gratuities. Contractor represents that it has not violated, is not violating,

and promises that it will not violate the prohibition against gratuities set forth in Section 6-204

(Gratuities) of the Mississippi Public Procurement Review Board Office of Personal Service

Contract Review Rules and Regulations.

12. Stop Work Order.

a. Order to Stop Work: The Procurement Officer, may, by written order to Contractor at any time,

and without notice to any surety, require Contractor to stop all or any part of the work called for

by this contract. This order shall be for a specified period not exceeding 90 days after the order

is delivered to Contractor, unless the parties agree to any further period. Any such order shall be

identified specifically as a stop work order issued pursuant to this clause. Upon receipt of such

an order, Contractor shall forthwith comply with its terms and take all reasonable steps to

minimize the occurrence of costs allocable to the work covered by the order during the period

of work stoppage. Before the stop work order expires, or within any further period to which the

parties shall have agreed, the Procurement Officer shall either:

i. cancel the stop work order; or,

ii. terminate the work covered by such order as provided in the Termination for Default

clause or the Termination for Convenience clause of this contract.

b. Cancellation or Expiration of the Order: If a stop work order issued under this clause is canceled

at any time during the period specified in the order, or if the period of the order or any extension

thereof expires, Contractor shall have the right to resume work. An appropriate adjustment shall

be made in the delivery schedule or Contractor price, or both, and the contract shall be modified

in writing accordingly, if:

i. the stop work order results in an increase in the time required for, or in Contractor’s cost

properly allocable to, the performance of any part of this contract; and,

ii. Contractor asserts a claim for such an adjustment within 30 days after the end of the

period of work stoppage; provided that, if the Procurement Officer decides that the facts

justify such action, any such claim asserted may be received and acted upon at any time

prior to final payment under this contract.

c. Termination of Stopped Work: If a stop work order is not canceled and the work covered by such

order is terminated for default or convenience, the reasonable costs resulting from the stop work

order shall be allowed by adjustment or otherwise.

13. Termination for Convenience.

a. Termination. The MDHS Executive Director or designee may, when the interests of the State so

require, terminate this contract in whole or in part, for the convenience of the State. The MDHS

Executive Director or designee shall give written notice of the termination to Contractor

specifying the part of the contract terminated and when termination becomes effective.

b. Contractor's Obligations. Contractor shall incur no further obligations in connection with the

terminated work and on the date set in the notice of termination Contractor will stop work to the

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extent specified. Contractor shall also terminate outstanding orders and subcontracts as they

relate to the terminated work. Contractor shall settle the liabilities and claims arising out of the

termination of subcontracts and orders connected with the terminated work. The MDHS

Executive Director or designee may direct Contractor to assign Contractor’s right, title, and

interest under terminated orders or subcontracts to the State. Contractor must still complete the

work not terminated by the notice of termination and may incur obligations as are necessary to

do so.

14. Termination for Default.

a. Default. If Contractor refuses or fails to perform any of the provisions of this contract with such

diligence as will ensure its completion within the time specified in this contract or any extension

thereof, or otherwise fails to timely satisfy the contract provisions, or commits any other

substantial breach of this contract, the MDHS Executive Director or designee may notify

Contractor in writing of the delay or nonperformance and if not cured in ten (10) days or any

longer time specified in writing by the MDHS Executive Director or designee, such officer may

terminate Contractor’s right to proceed with the contract or such part of the contract as to which

there has been delay or a failure to properly perform. In the event of termination in whole or in

part, the MDHS Executive Director or designee may procure similar supplies or services in a

manner and upon terms deemed appropriate by the MDHS Executive Director or designee.

Contractor shall continue performance of the contract to the extent it is not terminated and shall

be liable for excess costs incurred in procuring similar goods or services.

b. Contractor's Duties. Notwithstanding termination of the contract and subject to any directions

from the procurement officer, Contractor shall take timely, reasonable, and necessary action to

protect and preserve property in the possession of Contractor in which the State has an interest.

c. Compensation. Payment for completed services delivered and accepted by the State shall be at

the contract price. The State may withhold from amounts due Contractor such sums as the

MDHS Executive Director or designee deems to be necessary to protect the State against loss

because of outstanding liens or claims of former lien holders and to reimburse the State for the

excess costs incurred in procuring similar goods and services.

d. Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of

subcontractors, Contractor shall not be in default by reason of any failure in performance of this

contract in accordance with its terms (including any failure by Contractor to make progress in the

prosecution of the work hereunder which endangers such performance) if Contractor has notified

the MDHS Executive Director or designee within 15 days after the cause of the delay and the

failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any

other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics;

quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe

weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make

progress, and if such failure arises out of causes similar to those set forth above, Contractor shall

not be deemed to be in default, unless the services to be furnished by the subcontractor were

reasonably obtainable from other sources in sufficient time to permit Contractor to meet the

contract requirements. Upon request of Contractor, the MDHS Executive Director or designee

shall ascertain the facts and extent of such failure, and, if such officer determines that any failure

to perform was occasioned by any one (1) or more of the excusable causes, and that, but for the

excusable cause, Contractor’s progress and performance would have met the terms of the contract,

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the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause

entitled in fixed-price contracts, “Termination for Convenience”. (As used in this Paragraph of

this clause, the term “subcontractor” means subcontractor at any tier).

e. Erroneous Termination for Default. If, after notice of termination of Contractor’s right to proceed

under the provisions of this clause, it is determined for any reason that the contract was not in

default under the provisions of this clause, or that the delay was excusable under the provisions

of Paragraph (4) (Excuse for Nonperformance or Delayed Performance) of this clause, the rights

and obligations of the parties shall, if the contract contains a clause providing for termination

for convenience of the State, be the same as if the notice of termination had been issued pursuant

to such clause.

f. Additional Rights and Remedies. The rights and remedies provided in this clause are in

addition to any other rights and remedies provided by law or under this contract.

15. Termination Upon Bankruptcy. This contract may be terminated in whole or in part by MDHS upon

written notice to Contractor, if Contractor should become the subject of bankruptcy or receivership

proceedings, whether voluntary or involuntary, or upon the execution by Contractor of an assignment

for the benefit of its creditors. In the event of such termination, Contractor shall be entitled to recover

just and equitable compensation for satisfactory work performed under this contract, but in no case shall

said compensation exceed the total contract price.

16. Trade Secrets, Commercial and Financial Information. It is expressly understood that Mississippi law

requires that the provisions of this contract which contain the commodities purchased or the personal or

professional services provided, the price to be paid, and the term of the contract shall not be deemed to

be a trade secret or confidential commercial or financial information and shall be available for

examination, copying, or reproduction.

17. Transparency. This contract, including any accompanying exhibits, attachments, and appendices, is

subject to the “Mississippi Public Records Act of 1983,” and its exceptions. See Mississippi Code

Annotated §§ 25-61-1 et seq. and Mississippi Code Annotated § 79- 23-1. In addition, this contract is

subject to the provisions of the Mississippi Accountability and Transparency Act of 2008. Mississippi

Code Annotated §§ 27-104-151 et seq. Unless exempted from disclosure due to a court-issued protective

order, a copy of this executed contract is required to be posted to the Department of Finance and

Administration’s independent agency contract website for public access at

http://www.transparency.mississippi.gov. Information identified by Contractor as trade secrets, or other

proprietary information, including confidential vendor information or any other information which is

required confidential by state or federal law or outside the applicable freedom of information statutes,

will be redacted.

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ATTACHMENT I OPTIONAL CLAUSES FOR USE IN SERVICE CONTRACTS RESULTING FROM THIS IFB

1. Anti-assignment/Subcontracting. Contractor acknowledges that it was selected by the State to perform

the services required hereunder based, in part, upon Contractor’s special skills and expertise. Contractor

shall not assign, subcontract, or otherwise transfer this agreement, in whole or in part, without the prior

written consent of the State, which the State may, in its sole discretion, approve or deny without reason.

Any attempted assignment or transfer of its obligations without such consent shall be null and void. No

such approval by the State of any subcontract shall be deemed in any way to provide for the incurrence

of any obligation of the State in addition to the total fixed price agreed upon in this agreement.

Subcontracts shall be subject to the terms and conditions of this agreement and to any conditions of

approval that the State may deem necessary. Subject to the foregoing, this agreement shall be binding

upon the respective successors and assigns of the parties.

2. Attorney’s Fees and Expenses. Subject to other terms and conditions of this agreement, in the event

Contractor defaults in any obligations under this agreement, Contractor shall pay to the State all costs

and expenses (including, without limitation, investigative fees, court costs, and attorney’s fees) incurred

by the State in enforcing this agreement or otherwise reasonably related thereto. Contractor agrees that

under no circumstances shall the customer be obligated to pay any attorney’s fees or costs of legal action

to Contractor.

3. Authority to Contract. Contractor warrants: (a) that it is a validly organized business with valid authority

to enter into this agreement; (b) that it is qualified to do business and in good standing in the State of

Mississippi; (c) that entry into and performance under this agreement is not restricted or prohibited by

any loan, security, financing, contractual, or other agreement of any kind; and, (d) notwithstanding any

other provision of this agreement to the contrary, that there are no existing legal proceedings or

prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to

perform its obligations under this agreement.

4. Confidentiality. Notwithstanding any provision to the contrary contained herein, it is recognized that

MDHS is a public agency of the State of Mississippi and is subject to the Mississippi Public Records

Act. Mississippi Code Annotated §§ 25-61-1 et seq. If a public records request is made for any

information provided to MDHS pursuant to the agreement and designated by the Contractor in writing

as trade secrets or other proprietary confidential information, MDHS shall follow the provisions of

Mississippi Code Annotated §§ 25-61-9 and 79-23-1 before disclosing such information. The MDHS

shall not be liable to the Contractor for disclosure of information required by court order or required by

law.

5. Contractor Personnel. The MDHS shall, throughout the life of the contract, have the right of reasonable

rejection and approval of staff or subcontractors assigned to the work by Contractor. If the MDHS

reasonably rejects staff or subcontractors, Contractor must provide replacement staff or subcontractors

satisfactory to the MDHS in a timely manner and at no additional cost to the MDHS. The day-to-day

supervision and control of Contractor’s employees and subcontractors is the sole responsibility of

Contractor.

6. Debarment and Suspension. Contractor certifies to the best of its knowledge and belief, that it:

(1) is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

excluded from covered transaction by any federal department or agency or any political

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subdivision or agency of the State of Mississippi;

(2) has not, within a three-year period preceding this bid, been convicted of or had a civil judgment

rendered against it for commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a public (federal, state, or local) transaction or contract under

a public transaction;

(3) has not, within a three-year period preceding this bid, been convicted of or had a civil judgment

rendered against it for a violation of federal or state antitrust statutes or commission of

embezzlement, theft, forgery, bribery, falsification or destruction of records, making false

statements, or receiving stolen property;

(4) is not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(federal, state or local) with commission of any of these offenses enumerated in paragraphs two

(2) and (3) of this certification; and,

(5) has not, within a three-year period preceding this bid, had one (1) or more public transactions

(federal, state, or local) terminated for cause or default.

7. Disclosure of Confidential Information. In the event that either party to this agreement receives notice

that a third party requests divulgence of confidential or otherwise protected information and/or has

served upon it a subpoena or other validly issued administrative or judicial process ordering divulgence

of confidential or otherwise protected information that party shall promptly inform the other party and

thereafter respond in conformity with such subpoena to the extent mandated by law. This section shall

survive the termination or completion of this agreement. The parties agree that this section is subject to

and superseded by Mississippi Code Annotated §§ 25-61-1 et seq.

8. Exceptions to Confidential Information. Contractor and the State shall not be obligated to treat as

confidential and proprietary any information disclosed by the other party (“disclosing party”) which:

(1) is rightfully known to the recipient prior to negotiations leading to this agreement, other than

information obtained in confidence under prior engagements;

(2) is generally known or easily ascertainable by nonparties of ordinary skill in the business of the

customer;

(3) is released by the disclosing party to any other person, firm, or entity (including governmental

agencies or bureaus) without restriction;

(4) is independently developed by the recipient without any reliance on confidential information;

(5) is or later becomes part of the public domain or may be lawfully obtained by the State or

Contractor from any nonparty; or,

(6) is disclosed with the disclosing party’s prior written consent.

9. Errors in Extension. If the unit price and the extension price are at variance, the unit price shall prevail.

10. Failure to Deliver. In the event of failure of Contractor to deliver services in accordance with the contract

terms and conditions, the MDHS, after due oral or written notice, may procure the services from other

sources and hold Contractor responsible for any resulting additional purchase and administrative costs.

This remedy shall be in addition to any other remedies that the MDHS may have.

11. Failure to Enforce. Failure by the MDHS at any time to enforce the provisions of the contract shall not

be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of

the contract or any part thereof or the right of the MDHS to enforce any provision at any time in

accordance with its terms.

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12. Final Payment. Upon satisfactory completion of the work performed under this contract, as a condition

before final payment under this contract, or as a termination settlement under this contract, Contractor

shall execute and deliver to the MDHS a release of all claims against the State arising under, or by virtue

of, the contract, except claims which are specifically exempted by Contractor to be set forth therein.

Unless otherwise provided in this contract, by state law, or otherwise expressly agreed to by the parties

in this contract, final payment under the contract or settlement upon termination of this contract shall

not constitute waiver of the State’s claims against Contractor under this contract.

13. Force Majeure. Each party shall be excused from performance for any period and to the extent that it is

prevented from performing any obligation or service, in whole or in part, as a result of causes beyond

the reasonable control and without the fault or negligence of such party and/or its subcontractors. Such

acts shall include without limitation acts of God, strikes, lockouts, riots, acts of war, epidemics,

governmental regulations superimposed after the fact, fire, earthquakes, floods, or other natural disasters

(“force majeure events”). When such a cause arises, Contractor shall notify the State immediately in

writing of the cause of its inability to perform, how it affects its performance, and the anticipated

duration of the inability to perform. Delays in delivery or in meeting completion dates due to force

majeure events shall automatically extend such dates for a period equal to the duration of the delay

caused by such events, unless the State determines it to be in its best interest to terminate the agreement.

14. HIPAA Compliance. Contractor agrees to comply with the “Administrative Simplification” provisions

of the Health Insurance Portability and Accountability Act of 1996, including electronic data

interchange, code sets, identifiers, security, and privacy provisions, as may be applicable to the services

under this contract.

15. Indemnification. To the fullest extent allowed by law, Contractor shall indemnify, defend, save and hold

harmless, protect, and exonerate the agency, its commissioners, board members, officers, employees,

agents, and representatives, and the State of Mississippi from and against all claims, demands, liabilities,

suits, actions, damages, losses, and costs of every kind and nature whatsoever including, without

limitation, court costs, investigative fees and expenses, and attorney’s fees, arising out of or caused by

Contractor and/or its partners, principals, agents, employees and/or subcontractors in the performance

of or failure to perform this agreement. In the State’s sole discretion, Contractor may be allowed to

control the defense of any such claim, suit, etc. In the event Contractor defends said claim, suit, etc.,

Contractor shall use legal counsel acceptable to the State. Contractor shall be solely responsible for all

costs and/or expenses associated with such defense, and the State shall be entitled to participate in said

defense. Contractor shall not settle any claim, suit, etc. without the State’s concurrence, which the State

shall not unreasonably withhold.

16. Independent Contractor Status. Contractor shall, at all times, be regarded as and shall be legally

considered an independent contractor and shall at no time act as an agent for the State. Nothing contained

herein shall be deemed or construed by the State, Contractor, or any third party as creating the relationship

of principal and agent, master and servant, partners, joint ventures, employer and employee, or any

similar such relationship between the State and Contractor. Neither the method of computation of fees or

other charges, nor any other provision contained herein, nor any acts of the State or Contractor hereunder

creates, or shall be deemed to create a relationship other than the independent relationship of the State

and Contractor. Contractor’s personnel shall not be deemed in any way, directly or indirectly, expressly

or by implication, to be employees of the State. Neither Contractor nor its employees shall, under any

circumstances, be considered servants, agents, or employees of the MDHS, and the MDHS shall be at no

time legally responsible for any negligence or other wrongdoing by Contractor, its servants, agents, or

employees. The MDHS shall not withhold from the contract payments to Contractor any federal or state

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unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits

to Contractor. Further, the MDHS shall not provide to Contractor any insurance coverage or other

benefits, including Worker’s Compensation, normally provided by the State for its employees.

17. Information Designated by Contractor as Confidential. Any disclosure of those materials, documents,

data, and other information which Contractor has designated in writing as proprietary and confidential

shall be subject to the provisions of Mississippi Code Annotated §§ 25-61-9 and 79-23-1. As provided

in the contract, the personal or professional services to be provided, the price to be paid, and the term of

the contract shall not be deemed to be a trade secret, or confidential commercial or financial information.

Any liability resulting from the wrongful disclosure of confidential information on the part of Contractor

or its subcontractor shall rest with Contractor. Disclosure of any confidential information by Contractor

or its subcontractor without the express written approval of the MDHS shall result in the immediate

termination of this agreement.

18. Integrated Agreement/Merger. This agreement, including all contract documents, represents the entire

and integrated agreement between the parties hereto and supersedes all prior negotiations,

representations or agreements, irrespective of whether written or oral. This agreement may be altered,

amended, or modified only by a written document executed by the State and Contractor. Contractor

acknowledges that it has thoroughly read all contract documents and has had the opportunity to receive

competent advice and counsel necessary for it to form a full and complete understanding of all rights

and obligations herein. Accordingly, this agreement shall not be construed or interpreted in favor of or

against the State or Contractor on the basis of draftsmanship or preparation hereof.

19. Modification or Renegotiation. This agreement may be modified only by written agreement signed by

the parties hereto. The parties agree to renegotiate the agreement if federal and/or state revisions of any

applicable laws or regulations make changes in this agreement necessary.

20. No Limitation of Liability. Nothing in this agreement shall be interpreted as excluding or limiting any

tort liability of Contractor for harm caused by the intentional or reckless conduct of Contractor or for

damages incurred through the negligent performance of duties by Contractor or the delivery of products

that are defective due to negligent construction.

21. Notices. All notices required or permitted to be given under this agreement must be in writing and

personally delivered or sent by certified United States mail, postage prepaid, return receipt requested,

to the party to whom the notice should be given at the address set forth below. Notice shall be deemed

given when actually received or when refused. The parties agree to promptly notify each other in writing

of any change of address.

For the MDHS: For Contractor:

[Name, Title] [Name, Title]

MDHS [Agency Name]

[Address] [Address]

[City, State, Zip] [City, State, Zip]

22. Non-solicitation of Employees. Each party to this agreement agrees not to employ or to solicit for

employment, directly or indirectly, any persons in the full-time or part-time employment of the other

party until at least six (6) months after this agreement terminates unless mutually agreed to in writing

by the State and Contractor.

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23. Oral Statements. No oral statement of any person shall modify or otherwise affect the terms, conditions,

or specifications stated in this contract. All modifications to the contract must be made in writing by the

MDHS and agreed to by Contractor.

24. Ownership of Documents and Work Papers. MDHS shall own all documents, files, reports, work papers

and working documentation, electronic or otherwise, created in connection with the project which is the

subject of this agreement, except for Contractor’s internal administrative and quality assurance files and

internal project correspondence. Contractor shall deliver such documents and work papers to MDHS

upon termination or completion of the agreement. The foregoing notwithstanding, Contractor shall be

entitled to retain a set of such work papers for its files. Contractor shall be entitled to use such work

papers only after receiving written permission from MDHS and subject to any copyright protections.

25. Priority. The contract consists of this agreement with exhibits, the procurement Invitation for Bids

[number] (hereinafter referred to as IFB), and the response bid dated [date] by [CONTRACTOR

NAME] (hereinafter referred to as Bid). Any ambiguities, conflicts or questions of interpretation of this

contract shall be resolved by first, reference to this agreement with exhibits and, if still unresolved, by

reference to the IFB and, if still unresolved, by reference to the Bid. Omission of any term or obligation

from this agreement or IFB or Bid shall not be deemed an omission from this contract if such term or

obligation is provided for elsewhere in this contract.

26. Quality Control. Contractor shall institute and maintain throughout the contract period a properly

documented quality control program designed to ensure that the services are provided at all times and

in all respects in accordance with the contract. The program shall include providing daily supervision

and conducting frequent inspections of Contractor’s staff and ensuring that accurate records are

maintained describing the disposition of all complaints. The records so created shall be open to

inspection by the MDHS.

27. Record Retention and Access to Records. Provided Contractor is given reasonable advance written notice

and such inspection is made during normal business hours of Contractor, the State or any duly authorized

representatives shall have unimpeded, prompt access to any of Contractor’s books, documents, papers,

and/or records which are maintained or produced as a result of the project for the purpose of making audits,

examinations, excerpts, and transcriptions. All records related to this agreement shall be retained by

Contractor for three (3) years after final payment is made under this agreement and all pending matters are

closed; however, if any audit, litigation or other action arising out of or related in any way to this project

is commenced before the end of the three-year period, the records shall be retained for one (1) year after

all issues arising out of the action are finally resolved or until the end of the three-year period, whichever

is later.

28. Recovery of Money. Whenever, under the contract, any sum of money shall be recoverable from or

payable by Contractor to the MDHS, the same amount may be deducted from any sum due to Contractor

under the contract or under any other contract between Contractor and the MDHS. The rights of the

MDHS are in addition and without prejudice to any other right the MDHS may have to claim the amount

of any loss or damage suffered by the MDHS on account of the acts or omissions of Contractor.

29. Requirements Contract. During the period of the contract, Contractor shall provide all the service

described in the contract. Contractor understands and agrees that this is a requirements contract and that

the MDHS shall have no obligation to Contractor if no services are required. Any quantities that are

included in the scope of work reflect the current expectations of the MDHS for the period of the contract.

The amount is only an estimate and Contractor understands and agrees that the MDHS is under no

obligation to Contractor to buy any amount of the services as a result of having provided this estimate

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or of having any typical or measurable requirement in the past. Contractor further understands and

agrees that the MDHS may require services in an amount less than or in excess of the estimated annual

contract amount and that the quantity actually used, whether in excess of the estimate or less than the

estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the

contract for the quantity actually used.

30. Right to Audit. Contractor shall maintain such financial records and other records as may be prescribed

by the MDHS or by applicable federal and state laws, rules, and regulations. Contractor shall retain

these records for a period of three years after final payment, or until they are audited by the MDHS,

whichever event occurs first. These records shall be made available during the term of the contract and

the subsequent three-year period for examination, transcription, and audit by the Mississippi State

Auditor’s Office, its designees, or other authorized bodies.

31. Right to Inspect Facility. The State may, at reasonable times, inspect the place of business of a

Contractor or any subcontractor which is related to the performance of any contract awarded by the

State.

32. Severability. If any part of this agreement is declared to be invalid or unenforceable, such invalidity or

unenforceability shall not affect any other provision of the agreement that can be given effect without

the invalid or unenforceable provision, and to this end the provisions hereof are severable. In such event,

the parties shall amend the agreement as necessary to reflect the original intent of the parties and to

bring any invalid or unenforceable provisions in compliance with applicable law.

33. State Property. Contractor will be responsible for the proper custody and care of any state-owned

property furnished for Contractor’s use in connection with the performance of this agreement.

Contractor will reimburse the State for any loss or damage, normal wear and tear excepted.

34. Third Party Action Notification. Contractor shall give the customer prompt notice in writing of any

action or suit filed, and prompt notice of any claim made against Contractor by any entity that may result

in litigation related in any way to this agreement.

35. Unsatisfactory Work. If, at any time during the contract term, the service performed or work done by

Contractor is considered by the MDHS to create a condition that threatens the health, safety, or welfare

of the citizens and/or employees of the State of Mississippi, Contractor shall, on being notified by the

MDHS, immediately correct such deficient service or work. In the event Contractor fails, after notice,

to correct the deficient service or work immediately, the MDHS shall have the right to order the

correction of the deficiency by separate contract or with its own resources at the expense of Contractor.

36. Waiver. No delay or omission by either party to this agreement in exercising any right, power, or remedy

hereunder or otherwise afforded by contract, at law, or in equity shall constitute an acquiescence therein,

impair any other right, power or remedy hereunder or otherwise afforded by any means, or operate as a

waiver of such right, power, or remedy. No waiver by either party to this agreement shall be valid unless

set forth in writing by the party making said waiver. No waiver of or modification to any term or

condition of this agreement will void, waive, or change any other term or condition. No waiver by one

party to this agreement of a default by the other party will imply, be construed as or require waiver of

future or other defaults.

37. Renewal of Contract. The Contract may be renewed at the discretion of the MDHS upon written notice

to Contractor at least thirty (30) days prior to each Contract Anniversary date for a period of two (2)

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successive one-year periods under the same prices, terms, and conditions as in the Original Contract

and/or Subsequent Contracts. The total number of renewal years permitted shall not exceed two (2)

years or extend past June 30, 2024.

38. Disputes. Any dispute concerning a question of fact under this Contract which is not disposed of by

agreement shall be decided by the Director of Child Support Enforcement. This decision shall be

reduced to writing and a copy thereof mailed or furnished to the Contractor and shall be final and

conclusive, unless within thirty (30) days from the date of the decision, Contractor mails or furnishes to

the Executive Director of MDHS a written request for review. Pending final decision of the Executive

Director of MDHS or designee of a dispute hereunder, the Contractor shall proceed in accordance with

the decision of the Director of Child Support Enforcement.

In a review before the Executive Director or designee, the Contractor shall be afforded an opportunity

to be heard and to offer evidence in support of its position on the question and decision under review.

The decision of the Executive Director on the review shall be final and conclusive unless determined by

a court of competent jurisdiction in Hinds County, State of Mississippi, to have been fraudulent,

capricious, so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial

evidence.

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ATTACHMENT J GENETIC TESTING FOR PATERNITY SERVICES CONTRACT DISCREPANCY REPORT

Genetic Testing for Paternity Services located at:

Date and Time of Service:

Report Date:

Discrepancy or Problem: (Describe in detail; attach supporting document; include reference to

specification requirement; and attach continuation sheet if necessary).

Name: Signature: Date:

Contractor Response as to Cause, Corrective Action, and/or Actions to Prevent Recurrence: (Cite

applicable existing or new Quality Control Program or Procedures; and attach continuation sheet if

necessary).

Name: Signature: Date:

MDHS Evaluation and Action: (Partial or full acceptance, rejection, payment deduction, cure notice,

show cause, termination, other; attach continuation sheet if necessary).

Name: Signature: Date:

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ATTACHMENT K – DNA TESTING MONTHLY PERFORMANCE REPORT

DNA Testing Monthly Performance Report Month: _________ Year:_________

Source of

DNA Samples

that

Submitted the

Samples

Mississippi

County

from which

the DNA

Samples

were sent to

the

Contractor

from MDHS

# of DNA

Test

Samples

Received

# of

Completed

Tests

# of DNA

Tests

Pending

Completion

Contract

PAM #1

Standard

Achieved

yes or no

Contract

PAM #2

Standard

Achieved

yes or no

# of

Completed

Tests Billed

to MDHS

for

Payment

for the

Month

Contractor

Comments

MDHS

Comments

MDHS

MS

Correctional

Institutions

Other

MDHS

Designated

Organization

Outside of MS

within the U.S.

(List long arm

State or

Territory and

identifying

info.)

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ATTACHMENT L – DNA TESTING QUARTERLY OPERATIONAL EFFECTIVENESS REPORT

DNA Testing Quarterly Operational Effectiveness Report for: [list months & /year(s)]

PAMS & Standards

1st Qtr.

Results

Standard

(yes or

no)

Met the

PAM Vendor's Performance

Assessment Comments

DEPARTMENT's

Performance Assessment

Comments

PAM#A1: TEST TURNAROUND

TIME MEASURE: DNA test results provided in hard copy to

MDHS must be received within fourteen (14) calendar days on

average each calendar quarter from the date the last DNA sample

in a case was received by the Contractor (referred to as test

turnaround time).

STANDARD: Fewer than thirty (30) test results received outside

fourteen (14) calendar day requirement per quarter

NOTE: Exception to this Standard may occur in instances when

the Contractor e-mails MDHS in advance of the fourteen (14) day

turnaround time limit with an explanation, and a request for

extension of time to complete the test. In such instances MDHS

will make the determination for an extension. Related

documentation must be included with the Contractor’s monthly

billing to substantiate payment, and summaries must be captured

in its “Monthly Performance Report” and “Quarterly Operational

Effectiveness Report” to the Department.

PAM#A2: DNA TESTING – ERRONEOUS TEST RESULTS

MEASURE: The number of erroneous test results released by the

Contractor within each calendar year, and reported by email and

phone by the close of the next business day after discovery to

MDHS.

NOTE: Occurrences must be documented in the Contractor’s

“Monthly Report” and “Quarterly Operational Effectiveness

Report” and provided to MDHS.

STANDARD: No more than one (1) erroneous test result per

calendar year.

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DNA Testing Quarterly Operational Effectiveness Report Instructions

Quarterly Operational Effectiveness Report Instructions

For DNA Testing The Quarterly Operational Effectiveness Report is submitted in accordance with Section 2.3, Scope of Services. It includes, but is not limited to the following:

Quarter Results Met the PAM Standard [yes/no] Vendor’s Performance Assessment Department’s Performance Assessment Comments

The goal of the Quarterly Operational Effectiveness Report is to ensure that Contractual Performance Accountability Assessment (PAM)

and Standard requirements are met and reported. Ongoing and timely communication with the Mississippi Department of Human Services

is an integral and necessary part of CONTRACTOR performance, monitoring, and process improvement. After each month, the

CONTRACTOR will email a Quarterly Operational Effectiveness Report to MDHS, within fifteen (15) calendar days.

MDHS may audit and/or verify informational and/or statistical data as reported in the Quarterly Operational Effectiveness Reports and

Monthly Performance Reports. If, during an internal or external assessment, an area of concern is found or cited, a descriptive report must

be emailed promptly by the vendor to MDHS. Thereafter, a detailed corrective action plan (CAP) may be implemented at the discretion

of MDHS, along with an ongoing assessment made of the problem area(s). A set period of months for the monitoring of the CAP will be

established by MDHS, which during that period, the vendor’s corrective and preventative actions will be monitored, reviewed, and

evaluated for effectiveness and completion to rectify the identified problem(s).

INSTRUCTIONS BY COLUMN:

Column A – PAMS and Standards are listed for reference.

Column B – Insert Quarter Results.

Column C – Enter either Yes or No.

Column D – Enter Vendor Performance Assessment Comments as appropriate and necessary.

Column E – For MDHS only; MDHS may enter Performance Assessment Comments, as appropriate.

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ATTACHMENT M – DNA COLLECTION MONTHLY PERFORMANCE REPORT

DNA Collection Monthly Performance Report Month: _________ Year:_________

Source of

DNA Samples

Submitted

Mississippi

County

(correctional

institution)

from which

the DNA

Samples

were

requested by

MDHS

# of DNA

Test

Samples

Submitted

Contract

PAM #1

Standard

Achieved

yes or no

Contract

PAM #2

Standard

Achieved

yes or no

Contract

PAM #3

Standard

Achieved

yes or no

Contract

PAM #4

Standard

Achieved

yes or no

# of

DNA

Samples

Billed

to MDHS

for

the

Month

Contractor

Comments

MDHS

Comments

MS

Correctional

Institutions

Other

MDHS

Designated

Organization

Outside of

MS within

the U.S. (List

long arm

State and

identifying

info.)

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IFB No. 3160002720 Page 65 of 68

ATTACHMENT N – DNA COLLECTION QUARTERLY OPERATIONAL EFFECTIVENESS REPORT

DNA Collection Quarterly Operational Effectiveness Report for: [list months & /year(s)]

PAMS & Standards 1st Qtr.

Results

Met the PAM

Standard

(yes or no)

Vendor's Performance

Assessment Comments

DEPARTMENT's

Performance Assessment

Comments PAM #B1: No-Show / Refusal Notifications Not Reported

MEASURE: Number* of Contractor notifications not reported by

e-mail to the Department Service Site Manager and/or designee by

the close of the next business day after non-appearances or refusals

of persons scheduled to be collected.

*NOTE- The number must be documented in the Contractor’s

“Monthly Report” and “Quarterly Operational Effectiveness

Report” to the Department’s Contract Manager.

STANDARD: Zero (0).

PAM#B2: DNA Collection Turnaround Time

MEASURE: The Contractor shall coordinate with correctional

facilities such that DNA samples are obtained from individuals in

correctional facilities and mailed within fourteen (14) calendar days

of contact with the facility, as documented on the Contractor’s

secure web site and through the Department’s system. Exception

requests to the fourteen (14) calendar day requirement must be

emailed in advance by the Contractor to the appropriate Department

service center staff, and to the Department’s Contract Manager or

designee.

STANDARD: Fewer than ten (10) in excess of fourteen (14)

calendar days of MDHS request during a calendar quarter.

PAM #B3: DNA Collection Notification to the Department

MEASURE: The Contractor shall enter notes in its web site as well

as email the Department’s Service Center Manager or designee and

Contract Manager within seven (7) calendar days of the

Department’s request for DNA collection when it cannot

coordinate a sample collection with a correctional facility, and it

shall therein provide the reasons for being unable to coordinate the

sample collection.

STANDARD: 100%

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IFB No. 3160002720 Page 66 of 68

DNA Collection Quarterly Operational Effectiveness Report Instructions

Quarterly Operational Effectiveness Report Instructions

For DNA Collection

The Quarterly Operational Effectiveness Report is submitted in accordance with Section 2.3, Scope of Services. It includes, but is not limited to the following:

Quarter Results Met the PAM Standard [yes/no] Vendor’s Performance Assessment Department’s Performance Assessment Comments

The goal of the Quarterly Operational Effectiveness Report is to ensure that Contractual Performance Accountability Assessment (PAM) and Standard requirements are met and reported. Ongoing and timely communication with the Mississippi Department of Human Services is an integral and necessary part of CONTRACTOR performance, monitoring, and process improvement. After each month, the CONTRACTOR will email a Quarterly Operational Effectiveness Report to MDHS, within fifteen (15) calendar days. MDHS may audit and/or verify informational and/or statistical data as reported in the Quarterly Operational Effectiveness Reports and Monthly Performance Reports. If, during an internal or external assessment, an area of concern is found or cited, a descriptive report must be emailed promptly by the vendor to MDHS. Thereafter, a detailed corrective action plan (CAP) may be implemented at the discretion of MDHS, along with an ongoing assessment made of the problem area(s). A set period of months for the monitoring of the CAP will be established by MDHS, which during that period, the vendor’s corrective and preventative actions will be monitored, reviewed, and evaluated for effectiveness and completion to rectify the identified problem(s). INSTRUCTIONS BY COLUMN: Column A – PAMS and Standards are listed for reference.

Column B – Insert Quarter Results.

Column C – Enter either Yes or No.

Column D – Enter Vendor Performance Assessment Comments as appropriate and necessary.

Column E – For MDHS only; MDHS may enter Performance Assessment Comments, as appropriate.

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ATTACHMENT O - TECHNICAL REQUIREMENTS FOR PERIODIC DATA FILES

The Contractor shall provide MDHS with a routine data file each business day that contains the data elements identified as described in this exhibit. The data provided will include sample collection dates for each person for whom a sample to be tested is received by Contactor since the last file transmission and test results. The file specifications must meet the requirements set forth in this exhibit. The file will be provided using standard SOAP-based XML messages over Internet (HTTP/SSL) or via a secure FTP method unless otherwise approved by MDHS. Details regarding file transmissions and exceptions will be determined by MDHS after consultation with the Contractor.

The table below identifies and describes the data elements needed for the file or transmission.

Data Element Description

Test Set ID Number This is a unique number assigned by the Contractor to identify

each test set (mother, child and alleged father).

Business Partner Activity

Number

This is a unique activity number that will be provided to the

Contractor along with the name of the party and other identifying

information when the sample collected is mailed to Contractor.

Invoice Authorization Number

This is a unique number for each test set that will be provided to

the Contractor along with the name of the party and other

identifying information when the sample collected is mailed to

Contractor. Date Test Results Mailed Date Contractor mails test result to MDHS.

Test Results Indicate whether the alleged father is excluded, included (99%

or great probability of paternity), or inconclusive.

Final Report Indicator Provided when testing is completed and there a final report.

Business Partner ID Number

This is a unique number that identifies the individualbusiness

partner (mother child or alleged father). Will be provided to

Contractor along with the name of the party and other identifying

information when the sample collected is mailed to Contractor.

Business Partner Type The business partner type is indicated as mother, child or alleged

father. First Name Business Partner’s First Name

Middle Name Business Partner’s Middle Name

Last Name Business Partner’s Last Name

Sample Collected Indicator Will indicate whether a sample has been collected for the

individual business partner

Date Sample Collected Date sample was collected as indicated by sample collector

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IFB No. 3160002720 Page 68 of 68

ATTACHMENT P

HISTORICAL TEST & COLLECTION DATA: NUMBER OF TESTS PERFORMED FOR A

12 MONTH PERIOD

Total Test Units

7,337

Total Collection Units

460